REPUBLIC OF KENYA

MINISTRY OF LIVESTOCK DEVELOPMENT DEPARTMENT OF LIVESTOCK PRODUCTION HILL PLAZA P. O. Box 34188, NAIROBI

DRAFT ANIMAL FEEDSTUFFS BILL 2010

With compliments of the Director of Animal Production

January 11th, 2010

ARRANGEMENT OF SECTIONS

Part I Preliminary 1. Short Title 2. Interpretation Part II. Administration of the Act 3. Powers and duties of the Minister 4. Powers and duties of the Director Part III: Registration and Licensing 5. Registration Committee and Registrar 6. Requirement for Registration 7. Application for and issuance of Certificate of registration 8. Cancellation, loss of certificate, Registers, etc. 9. Appeal against rejection of application 10. The Registrar 11. Requirement for Licence Part IV: Feed Business Operations 12. Obligations of the Feed Business Operator 13. Hygiene at Commercial Level: Equipment 14. Hygiene at commercial level: Facilities 15. Responsibilities of the Farmer 16. Record-keeping 17. Traceability 18. Complaints and Product Recall
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Part V: Power to Control Importation of feedstuffs 19. Director to restrict, regulate feed imports, etc. 20. Assistance of other Departments, Secondment of officer, etc. 21. Requirement for Import Permits, etc.

Part VI: Quality Control 22. Setting of feeds standards, etc 23. General obligations of feed business operator on maintenance of quality 24. Maintenance of quality in storage and transportation 25. Maintenance of quality through Sterilization of bone, fish meal, and plant products Part VII- Feed Inspection and Analysis 26. Identification of inspector. 27. Powers and Duties of inspector 28. Presence of police officer required to enter dwelling house 29. Presence of operator during inspection. 30. Obstruction of inspector 31. Seizure and destruction of feeds already in circulation 32. Inspection fees, Secrecy. 33. Analysis of samples, accredited laboratories, etc. Part VIII: Miscellaneous Provisions 34. Regulation of the GMO feedstuffs 35. Indemnity of Government or its officer 36. Power to make Regulations 37. Sustainable Research
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38. Offences generally or by Corporate entities, etc 39. Limitation of action 40. Proceedings, evidence and supplementary orders on conviction 41. Delegation of Powers 42. Repeal and Savings

SCHEDULES: REGULATIONS
SCHEDULE I The Animal Feedstuffs Act (Registration and Licensing) Regulations. SCHEDULE II The Animal Feedstuffs (Sterilization of Bones or other Feedstuff of Animal Origin) Regulations. SCHEDULE III The Animal Feedstuffs (Use of GMO Feedstuffs) Regulations.

SCHEDULE IV The Animal Feedstuffs (Sampling and Analysis of Feedstuffs) Regulations.

SCHEDULE V The Animal Feedstuffs (Labelling and Packaging of Feedstuffs) Regulations.

SCHEDULE VI The Animal Feedstuffs (Exempt and Deleterious substances) Regulations. SCHEDULE VII The Animal Feedstuffs (Feeds Approved in Kenya) Regulations.

SCHEDULE VIII The Animal Feedstuffs (Feedstuff Standards) Regulations.

Prescribed forms, certificates, etc.

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ANIMAL FEEDSTUFFS BILL 2010

Date of Assent:..

Date of Commencement:

A BILL FOR an Act of Parliament to provide for the registration and licensing of animal feedstuffs, feedstuff operators and certain remedies including GMOs, sterilising and manufacturing plants; to regulate the importation, supply, manufacture and the marketing of animal feedstuffs and substances of animal and plant origin intended for the manufacture of such feedstuffs, inspection of feedstuffs and plants and to provide for matters incidental to and connected therewith.

ENACTED by the Parliament of Kenya as follows:-

Part I. Preliminary

Short Title

1. This Act may be cited as the Animal Feedstuffs Act.

Interpretation

2. In this Act, except where the context otherwise requires-

Act means this Act and all regulations thereunder made.

advertisement includes any statement, picture, design or device published in any news media or public print; or contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner whatsoever;

"Analyst"

means any person appointed under Section 3 (2) (a) to be an Analyst

for the purpose of this Act;

"animal"

means any domestic animal of ruminant or non ruminant species such

as cattle, sheep, goats, camels, donkeys, horses, pigs and rabbits; domestic pets such as dog, cat and mice; laboratory test rats and mice; pond fish, birds such as chicken, ducks, gees,, turkeys, pigeons, quails, guinea fowls and ostrich;; any domesticated wild animal; and any other animal which the Minister may, by notice in the Gazette, declare to be an animal to which this Act shall apply.

"animal feedstuff" or feedstuff means:-

(a) any edible substance or mixture of substances containing amino acids, antioxidants, carbohydrates, condiments, enzymes, fats, minerals, non protein nitrogen products, proteins or vitamins, or pelletizing, colouring, foaming or flavouring agents

(b) substance of animal or plant origin

(c) any stock lick or other edible substance whether or not it possesses medicinal properties;

(d)

edible substance obtained by a process of crushing, mixing, gristing,

cooking, heating, solvent extraction, drying or grinding, or by the addition to or

removal from any such substance of any ingredient; manufactured, sold or represented which is intended for-

(i) consumption by animals,

(ii) providing the nutritional requirements of animal, or

(iii) the purpose of preventing or correcting nutritional disorders of animal, or

(iv) use in its pure form or in a mixture with other substances;

brand means the impression or representation of any letter, number, geometrical figure, mark, sign or symbol and includes any combination of such impressions, letter, number, geometrical figure, mark, sign, symbol or representation;

compound means the representation of more than one feed ingredient into a balanced feed mixture either for commercial purposes or for own domestic use;

court means the High Court of Kenya

"Director" means the person who is for the time being Director of Animal production;

farmer means a person who devotes his attention to farming in Kenya, either exclusively or together with some profession, business or other occupation.

feed additive means any intentionally added ingredient not normally consumed as feed by itself or on its own, whether or not it has nutritional value, which affects the characteristics of the feed, nutritional status and the health of the animal, or the characteristics of products of the animal

 feed business means any undertaking, whether for profit or not and whether public or private, carrying out any operation of production, manufacture, processing, storage, transport or distribution of feed, including any producer producing, processing or storing feed for feeding to animals on his own holding or farm ;

Feed business operator means the persons responsible for ensuring that the requirements of feeds safety and quality under feed business under their control. this Act are met within

feedstuff of animal origin means any feed material derived from an animal carcass or part thereof, including fish in general and Rostriniobola argentea (also known as dagaa) in particular, and any other animal products such as feathers, milk, meat, bone meal and ash, blood meal, liver meal, feather meal , hoof and horn meal, eggshell, dried skimmed milk powder and whey.

feedstuff of plant origin means any feed material derived from crops grown or naturally occurring, whether obtained locally or imported, for use in form of whole grain, seed, leaves, husks or pods or any part thereof obtained by the process of crushing, mixing, gristing, cooking, heating, solvent extraction, drying or grinding, or by the addition thereto or removal therefrom of any substance of any ingredient in order to make the ingredient more convenient for feed processing such ingredients include cereal grains and their milling by-products, oilseed oil extracts, cakes and meals, leaf meals, seeds from certain acacias, pulse grains and meals.

feed ingredient means a component part or constituent of any combination or mixture making up a feed, whether or not it has nutritional value in the animal diet, including feed additives.

GAP means Good Animal Feeding Practice

GMP means Good Manufacturing Practice

HACCP means Hazard Analysis Critical Control Points

"Inspector" means any person appointed by the Minister under section 3 (2) (a) to be an inspector for the purposes of this Act;

manufacture means the processing of animal feedstuffs into a form

that

can be offered for sale to the public in accordance with standard specifications and regulations made under this Act or any other Act;

"Minister" means the Minister for the time being responsible for matters relating to animal development,

"Nutritionist" means any person appointed as a nutritionist under section 3(2) (a) of this Act

OIE means World Animal Heath Organization

"package" includes a sack, bag, barrel, case or any other container in which feeds are stored or packed;

Registrar means a person designated to be Registrar by the Director pursuant to section 5(3) (a).

"Sell" includes offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, dispose of for any consideration whatsoever, or transmit, have in possession for sale and distribute; convey or deliver in pursuance of a sale, exchange or disposal as aforesaid.
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Sterilizing plant means a plant used for the sterilizing of bones, fish or other substances derived from an animal carcass.

WTO means the World Trade Organization

Part II. Administration of the Act

Powers and duties of the Minister

3(1). The Minister shall be responsible for the enforcement of this Act and shall, in that capacity, exercise all powers and perform all duties conferred upon him by this Act and he may, pursuant to section 41, delegate some of the powers and functions to the Director, any other officer or person as is thereunder permitted.

(2) Without prejudice to the generality of the provisions of subsection (1), acting upon the recommendation of the Director, the Minister shall (a) in accordance with Government regulations, appoint qualified persons, whether by name or by title of office, to be inspectors, analysts, nutritionist or any other staff that may be required for the implementation of this Act, equip and empower them and facilitate their training from time to time to enable them attain levels of professionalism sufficient for efficient performance of their duties under the Act;

(b) ensure that:(i) any person appointed inspector or nutritionist under this Act has, among other requirements, attained basic university degree in agriculture or animal science with bias in animal nutrition;

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(ii) in the case of an Analyst, he is in possession of a relevant certificate in laboratory technology and, without prejudice to the provisions of this sub- paragraph, such person may readily be sources from Universities, Government Chemist , Kenya Bureau of Standards or accredited private laboratories;

(iii) the inspector or Analyst undergoes continuous professional training in his respective field to make him more proficient in the performance of his duties under this Act;

(iv) prior to the commencement of their respective duties under this Act, they have undergone induction course in laid down procedures in sample taking, modus operandi of the inspection process itself including a facilitatory and not a prohibitive engagement with feed business operators, analysis and any other matter as the Minister may deem fit.

(c) put together such administrative structures and arrangements involving stakeholders and key players from the private sector of the economy for a synergized and coordinated enforcement of this Act, the primary goal of such structures and arrangements being to secure a self regulatory role for the private sector in the that will ensure a successful application of the HACCP, GMP and GAP in the feeds industry;

(d) develop guidelines from time to time on how best practices required by international oversight agencies such as OIE, and WTO are applied in the feeds business

(e) take such measures that may be taken from time to time under this Act to engage and work with stakeholders organisations in such areas like poultry,
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dairy and camel obtaining in the country for the successful application of this Act.

(f) take such actions that will enhance quality in the production, handling and utilization of feedstuffs and the upholding of competencies of institutions involved in the feeds business ranging from primary feed production to extension.

(g) do any other thing he is authorized to do under this Act.

(3) For purposes of subsection (2)(e), the Minister may from time to time indicate in a schedule to this Act, the stakeholders organisations he wishes to engage or work with and may amend such schedule as circumstances may warrant.

Powers and duties of the Director

4(1). Subject to the authority and powers of the Minister, the Director shall be immediately accountable to the Minister for the application and enforcement of this Act and shall in that capacity exercise all powers and perform all functions conferred upon him by this Act.

(2)(a) Without prejudice to the generality of the provisions of subsection (1) and notwithstanding the provisions of any law to the contrary, the Director shall, in consultation or conjunction with any organ of the Government designated as an international reference or inquiry point, be the competent authority for all matters of the Act dealing or having to do with general international transacting in animal feeds or regulation thereof by international oversight agencies.

(b) Pursuant to paragraph (a), the Director may set up and direct an operational unit that will perform the duties of a competent authority and shall ensure that persons serving under the unit are professionally qualified and empowered.
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(3) Pursuant to the provisions of subsection (1), the Director shall-

(a) form such committees, task forces or operational units by whatever name called whether permanent or ad hoc, and may assign duties to such committees, task forces or operational units as circumstances may warrant, for the successful implementation of this Act.

(b) regulate the operations and activities of any person who is in any way involved in feedstuffs business

(c) in accordance with the provisions of this Act, monitor and regulate the use of GMOs, biotechnology products such as probiotics and additives such as growth promoters, bioplexed minerals and antimicrobial agents.

(d) in consultation with the Kenya Bureau of Standards, set standard specifications for all feedstuffs and for any other matters on which standardsetting is required under this Act. (e) provide guidelines on the promotion, identification, inventorization, management and use of available forage resources, and the production of improved forages and pasture planting materials.

(f) in collaboration with relevant stakeholders, promote the use of high fibre agro-residues and strengthen technical support services or their utilization through appropriate capacity building.

(g) develop a database for the forages, which database shall include nutritional composition, and in collaboration with stakeholders to enable him promote appropriate methods of using various forages.

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(h) in collaboration with relevant stakeholders, develop standards of all feedstuffs, or by-products thereof, imports as raw materials for use in feed formulation and compounding.

(i) set standards and guidelines for non-conventional feedstuffs on which animals may be fed.

(j) promote use of appropriate feed additives, investment in local production of feed additives

(k) strengthen technical skills on forage production, conservation and utilization to ensure its availability for animal feeding at all times of the year in and in that respect establish and maintain a strategic animal feeds reserve.

(l) initiate, support, or collaborate in research on pastures, fodders, concentrate feed ingredients, and other types or forms of feedstuffs and in particular initiate, support or collaborate in research in the fields of range and pasture rehabilitation methods, rangeland soil conservation and the

management practices thereof.

(m) promote the use of biotechnology in animal feeds industry for purposes of improving animal production and productivity and in collaboration with stakeholders, create public awareness on feed biotechnology.

(n) develop, utilize and maintain reliable water sources for animal production and, in particular, work with existing community based committees to protect water catchments areas as well as supporting the construction and maintenance of water sources in the pastoral and agro-pastoral areas.

(o) form, support and strengthen water users associations and committees, by whatever name called, and also promote the use of appropriate water harvesting technologies.
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(p) in collaboration with relevant stakeholders, promote integration of bio-gas production within the animal chain and in particular at farm level for purposes of boosting national energy resources.

(q) endeavour to put in place mechanisms for dealing with natural disasters and, in particular, devise programmes for drought preparedness and early warning systems for the purposes of this Act.

(r) to take and enforce such measures as he may consider appropriate for the purposes of ensuring environment and animal resource harmony through optimal animal carrying capacity.

(s) require animal farmers to apply measures that will ensure animal welfare, which measures may include feeding as is provided for under section 15(g), housing and spraying.

(t) do any other thing he is permitted to do under this Act.

Part III: Registration and Licensing

Registration Committee and Registrar

5(1) Pursuant to the provisions of paragraph (a) of section 4(3), and in consultation with the Minister, the Director may establish a committee or any such entity whose duty shall be to deal with and advise the Director on all matters requiring registration and licensing under this Act.

(2) The Director shall determine the membership of the committee or entity and the procedure of conducting its business.

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(3) The Director shall designate the officer in his Department who, for the time being, is in charge of all matters relating to animal feedstuffs, to act as-

(a) Registrar for all matters requiring registration under this Act; as well as

(b) the Chairman of the Registration Committee established under subsection (1); and

in these two capacities the officer so designated shall be accountable to the Director in the performance of his duties.

(4) The Registrar shall sign and issue all registration certificates and licenses required to be issued under this Act and shall open and maintain such number of registers as may be required for the purposes of this Act.

Requirement for Registration

6(1) No person, whether a business operator or otherwise, may handle any feedstuff by way of engaging in any operation of production, manufacture, processing, storage, transport or distribution unless he has been validly

registered under this section and has obtained a registration certificate therefor

(2) In addition to the registration required under subsection (1), no person shall sell, handle, produce, manufacture, process, store, transport, distribute or use any feedstuff unless the feedstuff has been validly registered under this subsection and a valid certificate issued therefor; and

(3) No person shall operate any feed manufacturing plant or machinery unless the plant or machinery has been registered under this section as such.

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Application for and issuance of Certificate of registration 7(1) Application for any registration required under sections 6 shall be in a form and format prescribed by the Minister for that purpose. (2) The application shall be addressed to the Director and may be submitted on-line, by post or in person at a physical address specified by the Director. (3) Upon receipt of the application, the Director shall, within 30 days from the date of receiving the application:

(a) issue the certificate applied for if the application satisfies all the requirements of this Act; or

(b) reject the application and decline to issue the certificate.

(4) If the Director rejects the application he shall, in writing, furnish the applicant with reasons for the rejection.

(5) Every certificate issued under subsection (3) (a) shall be in a prescribed Form, bear a serial number, be signed by the Director or his authorised agent and bear official stamp of the issuing officer; and the license may be issued subject to such terms and conditions as circumstances may warrant so long as those terms and conditions are stated on the certificate.

Cancellation, loss of certificate, Registers, etc.

8 (1) A certificate of registration issued under section 7(3) (a) shall remain valid unless it is-

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(a) revoked or otherwise terminated by the Director for any of the reasons set forth in this section, which reason he shall furnish to the certificate holder in writing at the time of revocation or termination; or

(b) surrendered by the business operator himself for whatever reason.

(2) (a) A lost, destroyed, defaced or otherwise mutilated certificate which is still valid may be replaced by the issuance of another one upon satisfactory proof, by the holder thereof or his agent, of loss, destruction, defacement or mutilation;

(b)There shall be payment of such fee for first issuance and for replacement of a certificate as the Director may determine;

(c) a replaced certificate shall be marked on its face REPLACEMENT and no more than one replacement is permitted;

(d) Every certificate or a replacement thereof issued under this Part shall remain the property of the Government and shall in no way be transferable; reason wherefore the certificate shall be surrendered to the Director when revoked, suspended or affected by circumstances of subsection (1) (b). (3) A holder of a certificate who, for any reason, intends to(a) withdraw from the activity for which the certificate was issued; or (b) relocate to a place or site different from where he was registered; or (c) alters his business premises; or (d) temporarily cease to operate; or (e) decides to deal in feeds different from those for which he was registered and for which safety and efficacy data have not previously been approved by the Director; or decides to18

(f) distribute products exempt under this Act, or

(g) change ownership of the feed business; or

(h) decides to change the business or his personal name

he shall give written notice to the Director to that effect within 30 days from the date of so intending or deciding and shall consequent thereupon surrender to the Director his certificate and the unexpired licence which he currently holds and both the certificate and unexpired licence shall be cancelled

forthwith. (4) If any person who had taken any of the steps under subsection (3) wants to resume feed business operations, he shall apply for a fresh certificate in accordance with the provisions of section 7. (5) The Director may revoke or cancel registration and the certificate issued therefor under section 7(3) if he is satisfied that-

(a)

the business operator or his agent has failed to comply with any of the

conditions on which the issuance of the certificate was subject, or that he secured the registration of any feedstuff or his plant fraudulently or corruptly; or

(b) any feedstuff or plant registered in the name of the operator no longer complies with any requirements of this Act or any other written law; or

(c) any sterilising plant registered under this Act does not sterilise bones or other substances derived from animal carcass effectively or at all; or

(d) it is contrary to public policy and or national interest that a registered feedstuff or plant should remain registered; or

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(e) the operator has been in the past or he is presently in breach of ethical conduct relating to any business, or

(f) the business operator has voluntarily surrendered a certificate of registration under section 8(3).

(6) Any business operator who violates any of the provisions of sections 7 and 8 commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand Kenya shillings or to imprisonment not exceeding six months.

Appeal against rejection of application

9(1) Any person aggrieved by the decision of the Director to(a)reject his application for registration or replacement of a registration certificate; or (b) issue a registration certificate subject to conditions; or

(c) revoke, suspend or cancel a certificate

may, in person or by an advocate, make a written appeal to the Minister within 21 days of the date of notification of the Directors decision and the Minister shall take and communicate his decision on the matter, in writing, to the appellant within 30 days of receiving the appeal; and if the appellant is aggrieved by the decision of the Minister, he may make further appeal to the court whose decision shall be final.

(2) If the Minister upholds the appeal he-

(i) may make the award conditional or otherwise as circumstances may dictate; and

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(ii) shall, as soon as is practicable, instruct the Director in writing to expeditiously give to the appellant the remedy sought and to keep a record of the same;

(iii) may exercise his discretion whether or not to award costs of the appeal.

The Registrar 10(1) Pursuant to the provisions of subsection 5(3), the Registrar shall maintain the following registers(a)a register of feed business operators; (b) a register of all registered feedstuffs and plants whether sterilizing or otherwise; and (c) any other register which the Director may require. (2) The registrar shall enter into any register, as the case may be(a) the names and addresses of all business operators and firms registered under this Part, (b) particulars of sterilising plants and feedstuffs registered under this Part; and (c) such other particulars as the Director may require. (3) The Registrar may make clerical corrections apparent in the register, but shall not make corrections of a substantive nature without the sanction of the Committee on behalf of the Director. (4) Any register maintained pursuant to the provisions of subsection (1) shall be open to inspection by any interested person for official or legitimate purposes only for which reason the register shall at all times during working hours, be

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open to inspection in an accessible place by any person and such person may, at his own cost, take notes therefrom or photocopy the whole or part thereof.

(5) Where a person other than an officer of the Government makes notes from or photocopies a register as is permitted under subsection (4), the person shall pay to the Director such an amount of inspection fee as the Director may determine from time to time and the fee charged shall take into account any mutilation, defacement or mishandling of the register by the person inspecting, as the case may be.

Requirement for Licence 11(1) Every person required to be registered under section 6 shall in addition to the registration certificate obtain a valid licence before commencing any feeds business operations. (2) A licence issued under subsection (1) shall be renewable after every twelve months. (3) The provisions of sections 6(2), 7 and 8 shall, mutatis mutandis, apply to licences issued under this section.

(4) Any person who operates a feedstuff business contrary to any of the provisions of this Part, and for the avoidance of any doubt, operates a feedstuff business without a registration certificate or licence as is required under this Part, or uses a false document purporting to be a registration certificate or licence, or obtains a registration certificate or licence by fraudulent means or in any other way violates the provisions of this Part, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a period not exceeding six months or to both fine and imprisonment.

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Part IV: Feed Business Operations

Obligations of the Feed Business Operator

12 (1) To maintain hygiene at the primary production level, it shall be the responsibility of every feed business operator at that level of production to(a) ensure that operations are managed and carried out in such a way as to prevent, eliminate or minimize hazards with the potential to compromise feed safety.

(b) as far as possible, ensure that primary products produced, prepared, cleaned, packed, stored and transported under their responsibility are protected against contamination and spoilage.

(c) meet the obligations set out in points (a) and (b) by complying with appropriate HACCP and other hazard control guidelines issued by the Director from time to time pursuant to this Act, or by any other enforcement authority under laws relating but not limited to the protection of the environment, public health and plant-

(i) take appropriate measures to control hazardous contamination such as those arising from the air, soil, water, fertilizers, plant protection products, biocides, veterinary medicinal products, mad cow disease or Bovine Spongiform Encephalopathy (BSE), avian flu, disease causing infectious agents like salmonella, industrial contaminants, heavy metals, Mycotoxins, dioxins, pesticides, growth promoters and veterinary drugs, and disposal of waste, the handling and

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(ii) take further measures relating to plant health, animal health and the environment that have implications for feed safety, including programmes for the monitoring and control of zoonoses.

(2) Where appropriate and in the furtherance of hygiene, feed business operators shall take adequate measures, in particular, to-

(a) keep clean and, where necessary after cleaning, disinfect in an appropriate manner, facilities, equipment, containers, crates and vehicles used for producing, preparing, grading, packing, storing and transporting feed; (b) ensure, where necessary, hygienic production, transport and storage conditions for, and the cleanliness of, feed;

(c) use clean water whenever necessary to prevent hazardous contamination; (d) prevent, as far as possible, animals and pests from causing hazardous contamination; (e) store and handle wastes and hazardous substances, separately and securely, so as to prevent hazardous contamination; (f) ensure that packaging materials are not a source of hazardous contamination of feed; (g) take account of the results of any relevant analyses carried out on samples taken from primary products or other samples relevant to feed safety.

Hygiene at Commercial Level: Equipment

13. To maintain hygiene at commercial level, the operator shall ensure that-

(a) feed processing and storage facilities, equipment, containers, crates, vehicles and their immediate surroundings are kept clean, and effective pest control programmes are implemented;
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(b) the lay-out, design, construction and size of the facilities and equipment -

(a) permit adequate cleaning and/or disinfection;

(b)are capable of minimizing the risk of error, avoiding contamination, crosscontamination and any adverse effects generally on the safety and quality of the products and any machinery coming into contact with feed are immediately dried following any wet cleaning process;

(c) facilities and equipment to be used for mixing and/or manufacturing operations-

(i) undergo appropriate and regular checks in accordance with written procedures pre-established by the manufacturer for the products;

(ii) are, in the case of all scales and metering devices used in the manufacture of feeds, appropriate for the range of weights or volumes to be measured and are tested for accuracy regularly;

(iii) are, in regard with all mixers used in the manufacture of feeds, appropriate for the range of weights or volumes being mixed, and are capable of manufacturing suitable homogeneous mixtures and homogeneous dilutions and their effectiveness is regularly demonstrated to the satisfaction of the inspector, including the effectiveness of mixers with regard to homogeneity.

Hygiene at commercial level: Facilities

14. It shall also be the responsibility of the feed business operator to ensure that-

(a) facilities or premises in which business is carried on have adequate natural and/or artificial lighting.
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(b) drainage facilities are adequate for the purpose intended and they are designed and feedstuffs. constructed to avoid the risk of contamination of

(c) water used in feed manufacture is of suitable quality for animals and that the conduits for water are of an inert nature.

(d) sewage, waste and rainwater are disposed of in a manner which ensures that equipment , the safety and quality of feed is not affected and further that Spoilage and dust are controlled to prevent pest invasion.

(e) windows and other openings are, where necessary, proofed against pests; doors are close-fitting and proofed against pests when closed; and

(f) Where

necessary,

ceilings

and

overhead

fixtures

are

designed,

constructed and finished to prevent the accumulation of dirt and to reduce condensation, the growth of undesirable moulds and the shedding of particles that can affect the safety and quality of feed.

Responsibilities of the Farmer

15. It shall be the responsibility of a farmer-

(a) to exercise care and vigilance in the selection of feeds for his animals whether he is producing the feeds himself or sourcing them from the open market in pursuance of good feeding practices.

(b) consult an extension officer nearest to him on any matter concerning the selection and use of feedstuffs more so in circumstances where he is suspicious of the safety of any feedstuff.

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(c) where possible, work with or through an organization of farmers having interests similar to his for achievement of common goals on but not limited to securing safe and cost efficient feeds for their animals.

(d) Avoid feeding his animals on feeds sold by the road side or any such unsafe places.

(e) report to an extension, administration, police or environmental officer nearest to him any suspicious matter, activity or circumstances likely to affect or actually affecting the hygiene and safety of feedstuffs.

(f) enforce any measures or directives that may be given to him from time to time by the Director on the safety of animal feedstuffs, and similarly adhere to any advice given by any association or organisation in the country representing feed business operators.

(g) apply Good Feeding Practices which may include(i) proper use of the feed whilst minimizing biological, chemical and physical risk to consumers

(ii) use of water of suitable quality

(iii) grazing in a manner that minimizes the risk of contamination of feed where agri- chemicals are used,

(iv) observing withholding periods

( v) giving the correct feed to the correct animals

(vi) minimizing contamination during feeding

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(vii) identifying animals receiving medicated feed and observing withholding periods in connection therewith (viii) cleaning vehicles and equipment immediately after being used for medicated feed.

Record-keeping

16(1) Every feed business operators shall keep records relating to measures put in place to control hazards, in an appropriate manner and for an appropriate period, commensurate with the nature and size of the feed business and he shall avail this information to an inspector nearest to him and upon receipt of the records the inspector shall peruse and verify the information therein contained and may take appropriate action thereon in the furtherance of this Act.

(2) The operator shall, in particular, keep records on:

(a) any use of plant protection products and biocides;

(b) use of genetically modified seeds;

(c) any occurrence of pests or diseases that may affect the safety of primary products;

(d) the results of any analyses carried out on samples taken from primary products or other samples taken for diagnostic purposes that have importance for feed safety;

(e) the source and quantity of each input of feed and the destination and quantity for each output of feed.

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(f) except the operator who acts solely as a dealer without ever holding the product in his facilities, a register:

(i)

in which he shall keep documentation relating to the manufacturing process;

(ii)

containing a system of documentation designed to define and ensure mastery of the critical points in the manufacturing process and to establish and implement a quality control plan.

(iii) the results of the relevant controls for purposes of making it possible to trace the manufacturing history of each batch of products put into circulation and to establish responsibility if and when an complaints arise

(iv)

of relevant data, comprising details of purchase, production and sales for effective tracing from receipt to delivery, including export to the final destination.

(g) and any other record the Director may require

(3) Other persons such as veterinarians, agronomists and farm technicians, may assist the feed business operator with the keeping of records relevant to the activities they carry out on the farm.

Traceability

17(1) Every operator shall take such steps as the Director may require from time to time in securing and enforcement of traceability along the entire food chain from farm to consumer and shall in that regard collect all necessary food chain information and documentation that will assist in the exercise of traceability.

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(2) In particular, the operator shall keep the following documents for purposes of traceability(a) for feed additives, a document showing:

(i) the nature and quantity of the additives produced, the respective dates of manufacture and, where appropriate, the number of the batch or of the specific portion of production, in the case of continuous manufacture,

(ii) The name and address of the establishment to which the additives were delivered, the nature and quantity of the additives delivered and, where appropriate, the number of the batch or of the specific portion of production, in the case of continuous manufacture;

(b) for premixtures:

(i) the name and address of the manufacturers or suppliers of additives, the nature and quantity of the additives used and, where appropriate, the number of the batch or of the specific portion of production, in the case of continuous manufacture,

(ii) the date of manufacture of the premixture and the batch number where appropriate,

(iii) the name and address of the establishment to which the premixture is delivered, the delivery date, the nature and quantity of the premixture delivered, and the batch number where appropriate.

(c) for compound feedstuffs or feed materials:

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(i) the name and address of additive/premixture manufacturers or suppliers, the nature and quantity of the premixture used, with the batch number where appropriate,

(ii) the name and address of the suppliers of the feed materials and complementary feeds and the delivery date,

(iii) the type, quantity and formulation of the compound feed,

(iv) the nature and quantity of feed materials or compound feedstuffs manufactured, together with the date of manufacture, and the name and address of the buyer, mentioning specifically whether the buyer was a farmer or another feed business operator. Complaints and Product Recall

18(1) Every feed business operator shall put in place and implement a system for registering and processing complaints concerning his feedstuffs or any other matters related thereto.

(2) In addition, the operator shall:

(a) put in place a system for the prompt recall of products in the distribution network,

(b) define, by means of written procedures, the destination of any recalled products, and

(c) subject the recalled feedstuffs to quality-control in an accredited laboratory for purposes of correcting whatever was wrong before putting the products back into circulation and shall obtain from an Analyst a

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certificate of assurance stating, inter alia, that the recalled products have now been rendered safe for animal consumption.

(3)(a) Any feedstuff business operator who has recalled any product shall as soon as is practicable following the recall inform the Director in writing about the recall and shall furnish such other information about the recall as the director may require;

(b) The occurrence of a recall shall, among other things, be stated by an operator concerned in his application for the renewal of license pursuant to the provisions of section 11(2).

(c) As soon as the Director receives information about a recall, he shall take such appropriate measures as circumstances may warrant-

(i) to ensure that the operator remedies the circumstances that necessitated a recall to the full satisfaction of the inspector nearest to him and a report of the measures taken by the operator is submitted by the inspector to the Director without undue delay,

(ii) if the operator is a member of any association or organization representing feeds business operators, to instruct the association or organization to monitor the operator and compel him to uphold at all times the feeds safety standards established under this Act, and

(iii) if a recall of his feedstuffs is necessitated again in circumstances that suggest a default on his part, to recommend to the association or organization to consider deregistering him from the association or

organization and, if not deregistered in circumstances which indicate that he ought to have been, the Director shall proceed to cancel his registration, that of his plant as well as his license.
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(4) Any business operator, including a farmer, who in any way violates the provisions of this Part commits an offence and shall be liable, on conviction, to a fine not exceeding three hundred thousand shillings or to imprisonment not exceeding twelve moths or to both fine and imprisonment.

Part V: Power to Control Importation of feedstuffs

Director to restrict, regulate feed imports, etc.

19(1) In consultation with the Minister, the Director may by order published in the Gazette prohibit, restrict or regulate the importation of any feedstuff or part thereof, or feedstuff of any class or description, if its importation is likely to endanger animals that may feed on it.

(2) An order made under subsection (1) may-

(a) direct or require the importing feed business operator to first obtain from a competent authority in the exporting country a certificate of assurance as to the safety and wholesomeness of the feedstuff before importation of the feedstuff;

(b) authorize the inspector to detain the feedstuff if it is already in the country in any place and for any specified time and prescribe precautions to be taken during such detention; or

(c)

under competent supervision if circumstances demand, authorize the

inspector to destroy such illegally imported feedstuff without compensation to the importing business operator; and

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(d) direct the inspector to take any other appropriate action concerning the feedstuff as well as the investigation of the importing operator for any possible legal action against him under this Act or any other law.

Assistance of other Departments, Secondment of officer, etc.

20(1) For effective implementation of orders made under section 19, the Director, in consultation with the Minister, may from time to time and by whatever method he deems appropriate, secure the assistance of the customs Department, Kenya Airports Authority, the Post Office, Kenya Railways Corporation, Kenya Police, the Kenya Navy, all shipping and airlines operating in Kenya and ay person or institution, in order to ensure that-

(a) their facilities are not used to import feedstuffs into Kenya contrary to the provisions of this Act,

(b) as soon as circumstances permit, they alert the Director of any case of importation of feedstuff coming through their facilities, or

(c) for those whose facilities are usually used for importation of feedstuff, they ensure that no threat to animal feed is caused when animal waste is being disposed of from their operations arriving in Kenya.

(2) In addition to the assistance secured under subsection (1), the Director, with the permission of the person for the time being in charge of the Customs Department, Kenya Airports Authority and Kenya Ports Authority, place or second an inspector appointed pursuant to this Act to work under or with relevant officers of the Department or authority, as the case may be, to perform the following duties for the Director, that is to say, to-

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(a) check on both equipment being imported to be used in the processing of feedstuffs as well as the feeds themselves,

(b)

check on prohibited

feed imports and any other illegally imported

feeds and to detain them for appropriate action under section 19(2) (b),

(c) undertake surveillance on feeds in transit to ensure that they go across the border into the country of destination and are not in any way diverted back; and if diverted, detain them for destruction under section 19(2) (c),

(d) Undertake surveillance of feeds in transhipment for the reason stated under paragraph (c).

(e) prevent smuggling of feeds across national borders into Kenya.

(f)

working with a customs officer, search warehouses for feed contraband, seize and detain at any port of entry into Kenya any illegally imported feed.

(3)(a) An inspection officer who has detained an illegally imported feedstuff pursuant to subsection (2) (f) may, if he considers it necessary, take and test samples from the feed for purposes of record before it is destroyed.

(b) No person shall remove or, in any way, relocate a detained feedstuff without the written authority of the inspector who made or caused the detention.

(c) Before any illegally imported feed is destroyed pursuant to section 19(2)(c) the Director, in consultation with the Minister, may direct the business operator to remove from Kenya the feedstuff in question within a specified period of time and subject to such other terms as he may determine and the operator shall strictly comply with the directive.
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Requirement for Import Permits, etc.

21(1). Without prejudice to the provisions of sections 19 and 20, no person shall import any feedstuff unless he has first obtained the necessary-

(a) import permit or a letter of no objection from the Director; and

(b) a certificate of purity of the feedstuff being imported from a competent authority in the exporting country; and

(c) in the case of the importation of feedstuffs that require sterilization before feeding to animals under this Act, a certificate of sterilization from a competent authority in the exporting country; and

(d) SPS certification from a competent authority in the exporting country.

(2) For the avoidance of any doubt, documents required under subsection (1) (b), (c) and (d) shall accompany the application of a feeds business operator to the Director for a permit or letter of no objection to import as is required by paragraph (a) of subsection (1), and such documents shall be complete and regular on their face, dully signed and stamped by the competent authority of the exporting country.

(3) (a) It shall be an offence to import any feedstuff without the documentation and certifications required under this section, or to knowingly use documents or certifications that are false or misleading in any material particular; or without reasonable excuse, contravene or disobey any lawful order given under this Part.

(b) Any person who commits or abates the commission of an offence specified under paragraph (a) or violates any of the provisions of this Part shall, on
36

conviction, be liable to a fine not exceeding three hundred thousand shillings or to imprisonment for a period not exceeding twelve months and, in the case of a business operator registered and licensed under this Act, his registration and license certificates shall be cancelled.

Part VI: Quality Control

Setting of feeds standards, etc

22(1) In collaboration with the Kenya Bureau of Standards the Director shall, from time to time, set and review standards applicable to feeds and shall strictly enforce such standards to ensure quality of the feeds used in Kenya.

(2)(a) Pursuant to subsection (1), the Director shall establish a committee to be known as a Feeds Standardization Committee whose primary purpose shall be to advise the Director on the setting and review of all standards set under subsection (1) and, together with inspectors and Analysts appointed under this Act, assist the Director in the enforcement of feeds quality requirements set forth in this Part and any other law.

(b) The Director shall determine the membership of the Committee, the procedures of conducting its business and all matters connected therewith.

General obligations of feed business operator on maintenance of quality

23. Every feed business operator shall, where appropriate, ensure that he-

(a) designates, on such terms of service as he can afford, one person who is a qualified animal nutritionist to be responsible for matters of quality control in his feed business operations.
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(b) has, as part of a quality control system, access to an accredited laboratory with adequate staff and equipment.

(c) has a quality control plan drawn up in writing and implemented and that such a plan includes, in particular, checks on the critical points in the manufacturing process, sampling procedures and frequencies, methods of analysis and their frequency, compliance with the specifications and the destination in the event of non-compliance from processed materials to final products.

(d) keeps documentation relating to the raw materials used in final feed products in order to ensure traceability and such documentation must be availed to the inspector on demand for scrutiny for such period of time as circumstances may dictate so long as the period is not unreasonably long, in the circumstances, as to inconvenience the operators operations.

(e) takes samples of ingredients and of each batch of products manufactured and placed on the market or of each specific portion of production, in the case of continuous production, in sufficient quantity using a pre-established procedure and be retained, in order to ensure traceability on a regular basis, in the case of manufacture solely for the operators own needs.

(f) keeps the samples sealed and labelled for easy identification, ensures that they are stored under conditions which prevent any abnormal change in the composition of the samples or any adulteration and readily avails them to the inspector for inspection for a period appropriate to the use for which the feed is placed on the market.

(g) in the case of feedstuffs for animals not kept for food production, he only keeps samples of the finished product,
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(h) ensure that there are no deleterious substances in the feedstuffs he uses or sale.

Maintenance of quality in storage and transportation

24(1) Processed feeds shall be separated from unprocessed feed materials and additives in order to avoid any cross-contamination of the processed feed and proper packaging materials shall be used.

(2) Feeds shall be stored and transported-

(a) in suitable containers and shall be stored in places designed, adapted and maintained in order to ensure good storage conditions to which only persons authorized by the feed business operator have access,

(b) in such a way as to be easily identifiable, in order to avoid any confusion or cross- contamination and to prevent deterioration.

(3) Containers and equipment used for the transport, storage, conveying, handling and weighing of feed shall be kept clean, cleaning programmes shall be implemented and traces of detergents and disinfectants shall be minimized.

(4) Any spoilage shall be minimised and kept under control to reduce pest invasion and, where appropriate, temperatures shall be kept as low as possible to avoid condensation and spoilage.

Maintenance of quality through Sterilization of bone, fish meal, and plant products

25 (1) No person shall manufacture, sell, advertise, use, distribute or in any way deal with any animal feedstuff containing bone, fishmeal or any other substance derived from an animal carcass or plant origin unless such bone, fish meal or
39

substance has first been sterilized in accordance with the procedure prescribed by the Regulations, or import such feedstuff contrary to the provisions of Part V of this Act or regulations made thereunder.

(2) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding six months.

Part VII- Feed Inspection and Analysis

Identification of inspector, etc.

26(1) Every inspector appointed under this Act shall be issued with a photo identity card duly stamped by the Minister or his authorised agent for purposes of officially identifying himself as is required under this section.

(2) The inspector shall carry his identity card every time he is performing his duties under this Act and shall produce it upon entering any feed business place for inspection if required so to do by the person in charge of that place.

(3) The inspector shall ensure that the card is-

(a) at all times under lock and key when not in use to avoid it falling into wrong hands;

(b) legible and clear for proper identification and when lost, defaced or destroyed, it is replaced immediately; and

(c) immediately returned to the Minister or his authorized agent upon ceasing to be inspector.

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(4)(a) No person, while still holding appointment of inspector under this Act, shall engage in any feed business or any business connected therewith.

(b) The Minister shall take such appropriate action as he shall deem fit against an inspector who violates the provisions of paragraph (a).

Powers and Duties of inspector

27(1) An inspector may at any reasonable times-

(a) enter and inspect any premises, place or vehicle where or in which, as the case may be, he reasonably suspects or knows that feed business is being carried out;

(b) inspect any feedstuff, sterilizing plant or other machinery used in the manufacture if feedstuff, visit all parts of the premises or place and open any vehicle or package or container found there which he believes contains any such feed, or any book, record or document pertaining to the business found in the premises or place for purposes of further inspection.

(c) seize and remove from any such premises, place or vehicle any animal feedstuff, book, record or document found thereat which may pertain to the manufacture, importation, mixing, compounding or sale of animal feedstuff or other products of an animal carcass or plant by-products and which he has reasonable cause to believe affords evidence of contravention of any of the provisions of this Act.

(d) examine any feedstuff-

(i) and, where he determines that there is nothing wrong with the feedstuff, record and give that result to the operator ; but
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(ii) if, in his professional determination there is need for further analysis, take samples thereof in such quantities as may be prescribed under this Act for laboratory analysis and give the operator the reason for his determination; and

(iii) as soon as the results of the analysis are known, inform the operator of the same including, if any, remedial actions the operator may be required to take.

(e) require any person to produce, for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, records, receipts, invoices, shipping bills, bills of lading, documents containing mixing

instructions, operational procedures or other documents or papers which are reasonably suspected or expected to be in the operators possession the production of which will render successful inspection.

(2) Any sample taken pursuant to this section shall be taken-

(a) at the expense of the owner;

(b) by the inspector himself with such care as not to unduly diminish the commercial value of the bulk from which it is taken; and

(c) in accordance with the methods prescribed under this Act and in presence of the owner of the feedstuff or, if the owner is not there for whatever reason, in the presence of any servant or agent of the operator whom the inspector determines to be in charge of the feedstuff, and in the absence of any such servant or agent, the inspector shall desist from taking the sample until further notice.

(3) The owner or servant or agent, as the case may be, and any other person found in the place where inspection takes place, shall give the inspector, free of charge, all reasonable assistance, excluding the actual taking of samples, as the
42

inspector may require to enable him to carry out his duties under this Act and shall furnish the inspector with any information he may reasonably require with respect to the purposes of this Act. (4) In the performance of his duties, the inspector may put any relevant question to the owner, his servant or agent and the owner, his servant or agent shall be obligated to fully, honestly and without undue delay furnish the answer to the question; and, where the question put requires the preparation of written answer or some prior enquiry, the inspector shall allow the owner, servant or agent reasonable time in the circumstances to prepare and furnish the written answer or the answer requiring prior enquiry.

Presence of police officer required to enter dwelling house

28(1) Where the inspector has reasonable belief that the feed which is the subject of inspection, or any record or thing connected therewith is in a dwelling house, he may request the occupant thereof for permission to instantly enter the house to conduct the inspection.

(2) If the occupant declines to grant permission, the inspector shall seek the assistance of a police officer nearest to him to facilitate a forced entry into the house and the officer as well as the occupant shall stay with the inspector until the inspection is satisfactorily concluded.

(3) Any inspector who is compelled to conduct an inspection under the provisions of subsection (2) may take from the dwelling house any materials relevant for the inspection and shall endeavour to expeditiously complete the inspection so as not to cause undue inconvenience to the occupant.

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Presence of operator during inspection, etc.

29(1) The inspector shall take such steps as are reasonably practicable to afford the owner of the feedstuff, premises or dwelling house, sterilizing plant, records or anything that is the subject of inspection under this Act, an opportunity to be present during the inspection and the operator shall have the right to put any relevant questions to the inspector and the inspector shall be obligated to answer so long as the questions are not calculated to stifle the inspection.

(2)(a) In return for taking away, the inspector shall give a receipt to the person from whose custody any feedstuff, book, record, document or anything has been taken for purposes of inspection and such receipt shall be dully stamped by the inspectors rubber stamp and signed by him.

(b) Any feed, book, record, document or anything taken from a business operator under this section shall, at the end of the purposes for which it was taken, be expeditiously returned in whole to the operator unless the inspector has a compelling reason not to retain it in whole or any part thereof.

Obstruction of inspector 30. (1) Any person who-

(a) in any way or form, wilfully obstructs, impedes or hinders any inspector or police officer from exercising any of his powers or performing his duties under this Act; or

(b) knowingly makes a false statement in terms section 38(2)(b); or

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(c) refuses or neglects to answer any lawful question put to him by the inspector or delays to answer or answers only in part, without lawful excuse, refuses or neglects to furnish any information or to produce any document, to attend at any place when required; or

(d) in any way threatens the inspector or any person lawfully accompanying the inspector; or

(e) refuses or unreasonably delays to obey any instructions given to him by the inspector for the attainment of the purposes of this Act

commits an offence and shall, on conviction, be liable to pay a fine not exceeding one hundred and fifty thousand shillings or to imprisonment not exceeding three moths or to both such fine and imprisonment.

(2) Any person who in any way abates or facilitates the violation of any of the provisions of subsection (1) commits an offence and shall, on conviction, be punished in accordance with the provisions of that subsection.

Seizure and destruction of feeds already in circulation 31(1) The inspector may at any time seize any feedstuff, substance, machinery, plant, article or thing which he has reason to believe or about which he has received credible information to the effect that it has been used or is about to be used in contravention of this Act.

(2) (a) Before the destruction of feedstuff, substance, article or thing or forfeiture to the state of the machinery or plant seized under subsection (1), the inspector shall afford the owner thereof reasonable opportunity to be heard in his defence and if the inspector is satisfied with the defence, he shall expeditiously return the feedstuff, substance, machinery, plant, article or thing seized.
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(b) Where the inspector is not satisfied with the defence advanced by the owner, he may, in consultation with the Director-

(i) proceed to destroy the feedstuff, substance, article or thing,

(ii) in the case of the machinery or plant the Director may advise the Minister to direct that it be forfeited to the state.

(3) Any destruction pursuant to this section which is likely to endanger the environment and or public health, shall only be carried out in consultation with the person for the time being in charge of the Public Health Act and or the Environmental Management and Co-ordination Act [Cap 242 and Act No.8 of 1999 respectively].

(4) Notwithstanding the provisions of subsections (1) and (2) any feedstuff, machinery, plant, article or thing seized under this section shall not be destroyed or forfeited if(a) six months from the date of seizure, the inspector has not taken any step on the case; or (b) the inspector determines later that his suspicion was groundless or the information on which he acted was false or misleading; or

(c) the person whose feedstuff, machinery, plant, article or thing was seized has taken satisfactory remedial steps intended to avert the violation of the Act.

(5) However, where legal proceedings had already been commenced in respect with the violation, the feedstuff, machinery, plant, article or thing seized may be detained as circumstances may permit, until the conclusion of the proceedings.
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(6) Any business operator who violates any of the provisions of this section shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment not exceeding three months or to both fine and imprisonment, in addition to any other appropriate penalty provided for under this section..

Inspection fees, Secrecy, etc.

32(1) Every person who receives, whether at his request or otherwise, any inspection and or laboratory analysis services under this Act shall pay for such services a fee to be known as inspection or laboratory fee, as the case may be, as determined by the Minister from time to time or by the person in charge of the laboratory respectively.

(2) No inspector, Analyst, the personnel of accredited laboratories involved in sample testing or any person who is accountable to the Director for the purposes of this Act shall, in any way, disclose to third parties information relating to the feed business of a feed business operator, which information came to his knowledge by virtue of the performance of his duties under this Act, except where the disclosure is-

(i)

permitted by the feed business operator himself; or

(ii)

made to the Minister or Director or their several agents for the purposes of this Act; or

(iii) ordered by the court.

(3) The disclosure of information contrary to subsection (2) shall constitute an offence punishable, on conviction, by a fine not exceeding one hundred thousand shillings.
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Analysis of samples, procedure, accredited laboratories, etc.

33(1) Analysis of samples for the purposes of this Act shall be conducted only by a person possessing a professional qualification in laboratory technology and with such experience as the Minister may determine from time to time. (2) Analysis may be undertaken(a) upon the voluntary request of the feed business operator; or (b) at the instigation or requirement of the inspector; or (c) at the written request of any person, addressed to the inspector, who raises a prima facie case to the effect that it is necessary to conduct analysis on feed samples of a named feed business operator.

(3)(a) Analysis of samples shall be carried out only in laboratories accredited by the Minister in consultation with the Kenya Bureau of Standards. (b) Upon completion of analysis under this section, the Analyst shall expeditiously issue to the inspector who detailed him to conduct the analysis, a certificate of analysis, dully dated, signed and stamped by him, stating fully and accurately the results of the analysis.

(4) (a) The Minister, in consultation with the Director, shall prescribe a proper method of sampling and analysis of feedstuffs and may, from time to time, further prescribe-

(i) sampling and analysis fees, and

(ii) the format of every certificate provided under this section.

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(b) Upon receipt of the certificate of analysis provided for under subsection (3) (b), the inspector shall without delay send a copy of the certificate plus his comments thereon in writing, if any, to the feed business operator and where the operator is not satisfied in any way with the results he shall have a right to request for a repeat of analysis at a different accredited laboratory and the inspector shall grant the request; but only one repeat shall be granted.

(c)

If there is nothing wrong with the feed, the inspector shall issue the

operator with a certificate of no fault in a form prescribed by the Minister which certificate shall be valid only for the batch from which the sample was taken.

(d)

The feed business operator shall not in any way deal with the batch from

which a sample has been taken until the results of analysis are officially communicated as provided in paragraph (b).

(e)

The inspector shall communicate laboratory results as required under this

section within the period prescribed by the Director in consultation with an organization, by whatever name called, representing the interests of feed business operators in Kenya.

(f)

The certificate of no fault issued under this section shall in no way be

used to advertise the feed business of the business operator, or any part thereof.

(5)The provisions of section 31(6) shall apply, mutatis mutandis, to any business operator who violates any of the provisions of this section.

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Part VIII: Miscellaneous Provisions

Regulation of the GMO feedstuffs

34(1) Animal feedstuffs of a GMO nature shall be used and regulated in accordance with the provisions of the Biosafety Act [No. 2 of2009]. (2) Without prejudice to the provisions of subsection (1) and in consultation with the National Biosafety Authority [Biosafety Act], the Director may take such measures to ensure that GMO feedstuffs(a) prohibited in Kenya by the Biosafety Authority are not at all used for feeding animals in whatever form, substance or amount, reason wherefore the Director shall keep an up to date register of prohibited GMOs and shall publish the list thereof in Official Gazette from time to time,

(b) which are known to contain antibiotic resistance genes are not registered or in any way used in animal feedstuff.

(c) whose use in Kenya is allowed, including feed compounds containing GMOs, are properly identified and labelled in accordance with regulations made under this Act.

(3) It shall be an offence for any person to deal in GMO feedstuff contrary to the provisions of this section and, upon the conviction of such a person, he shall suffer such penalty as the Minister may determine under this Act.

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Indemnity of Government or its officer 35. Neither the Minister, Director, inspector, public officer nor any person appointed or authorized to exercise any power or perform any duty under this Act shall be personally liable for any action or proceedings seeking damages, compensation or any other civil remedy for any damage, loss or injury suffered by any person as a result of or in respect with any act or thing done in good faith by the Minister, Director, inspector, public officer or any person in the performance or exercise, or intended performance or exercise of any duty or power imposed by or under this Act. Power to make Regulations 36 (1) The Minister may make regulations from time to time generally for the better carrying into effect and enforcement of this Act. (2)Without prejudice to the generality of subsection (!), the regulations may make provision for the-

(a) prescription of certificate, license, form, letter of no objection, permit, records, certificate of assurance, certificate of no fault, import permit, registers and returns to be kept or furnished under this Act, as the case may be, by feedstuff business operators;

( b) use and regulation of GMO feedstuffs;

(c) hiring, terms and conditions of service, and the deployment or the contracting of any person or institution from the Private Sector for the purposes of this Act;

(d) exemption of any feed or class thereof or any person or class of persons from the application of all or any of the provisions of, and also for prohibition of deleterious substances for the purposes of this Act;
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(e) prescription of registration of feeds business operators, feedstuffs, plants, machinery, transportation and transportation vehicles, premises or anything requiring registration or licensing under this Act;

(f) prescription of fees or charges required to be paid under this Act;

(g) upon the advise of the Director, formulation of standards of composition, efficacy, fineness, purity and any aspect of animal feedstuffs which may require the setting of standards therefor and declaration of feedstuff warranty;

(h) packaging, labelling or the accuracy of any instrument used in measuring or weighing of feeds and packages thereof or in the determination of any quality aspect of a feedstuff and for the manner in which animal feedstuffs shall be branded, and the marking and sealing of the containers thereof, and the proper declarations made at the time of sale;

(i) prescription of the requirements for proper storage of animal feedstuffs and, in particular, the use of the appropriate gauge of bagging material, where

necessary, with polythene lining to avoid moisture and contamination;

(j) requirements for mandatory periodical analysis of all the animal feedstuffs in storage of the miller to ensure no deterioration occurs therein;

(k) sampling and analysis of feedstuffs

(l) designation of additional animals and birds as animal for the purposes of this Act;

(m forfeiture, detention, and destruction of feedstuff, substance or thing or the restoration of the same to the owner;

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(n) approval of feedstuffs to be used in Kenya

(o) methods by means of which bones, fish meal and other substances derived from an animal carcass, including fish or of plant origin, shall be sterilized for sale or for manufacture as animal feedstuff;

(p) procedures and requirements for the proper appointment of Analysts and inspectors, including the determination of professional qualifications and experience in laboratory technology and general agriculture with bias for animal production or animal nutrition for Analysts and inspectors respectively;

(q) identification and appointment of the third party who may accompany an inspector on an inspection mission in case of disputed inspection or inspection where entry is forced under this Act;

(r) prescription of regulations that are applicable to specific feedstuffs or enforceable in a specific region of the country;

(s) regulation of import and export of feedstuff;

(t) prescription or regulations for anything which under this Act requires regulation or prescription.

Sustainable Research

37(1) In collaboration with relevant Government research institutions, universities, private sector institutions, stakeholders or any other person, whether local or foreign, the Director may initiate, support, facilitate, coordinate or host research or surveys in matters of or relating to development, production, manufacture, storage, mixing or compounding, distribution, sale, handling or use of quality and safe feedstuffs and GMOs, and may collate and

53

disseminate findings from such research or surveys or any information related thereto for the benefit of the feeds industry in Kenya.

(2) In consultation with the Kenya Industrial Property Office, the Director shall take all necessary steps to safeguard and protect the research findings and any patentable findings arising from the research initiated, supported, facilitated, co-coordinated, hosted or otherwise undertaken under subsection (1) and the Governments industrial property rights related thereto [The Industrial Property Act, 2001].

Offences generally, by Corporate entities, etc

38(1) The Minister may prescribe a penalty for any offence under this Act for which no penalty is specified and such penalty may include a fine or imprisonment or both.

(2) Without prejudice to the provisions of subsection (1) or any section specifying a penalty, under this Act, a person commits an offence where the person-

(a) with fraudulent intent tampers with any sample drawn or taken for purposes of this Act,

(b) knowingly makes use of, maintains or issues any false or misleading statements whether orally or in writing, record, document, declaration, marking or label in connection with the registration, licensing, manufacture, importation, mixing, compounding or sale of any animal feedstuff,

(c) sells any animal feedstuff in a container or packaging on which a false or misleading statement is written, or

54

(d) sells or supplies any animal feedstuff which is not of the kind, nature, composition or quality described or represented at the time of sale or supply or is different in any material particular,

(e) makes, whether within or outside Kenya, any false declaration or statement concerning feedstuffs or any matter related thereto, which he knows or has reasonable cause to believe to be false or misleading for purposes of defeating or circumventing any requirement or obligation imposed on him under this Act; or

(f) knowingly misleads any inspector or other officer or person charged with duty of enforcing this Act by, inter alia, seeking information material to the exercise of any of his powers or performance of his duty under this Act, or

(g) alters or wilfully defaces any permit, certificate, licence, record, letter of no objection, return, consent, approval or any document without any lawful excuse or authority; or

(h) knowingly uses or has in his possession any forged permit, certificate, licence, record, letter of no objection, return, consent, approval or any document purporting to be for the purposes of this Act.

(3) In the case of the distribution of adulterated feedstuff, a person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial feed-

(a) that is of a composition, quantity, or quality that is below or is different from that which it is represented to possess by its label;

(b) that is moldy, sour, heated, or otherwise damaged, because of which it is injurious to animals;

55

(c) from which an ingredient has been omitted or extracted in whole or in part;

(d) that is inferior or is damaged and the inferiority or damage has been concealed;

(e) to which a substance has been added or with which a substance has been mixed or packed so as to deceptively increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;

(f) that contains or bears a poisonous or deleterious substance that may render it injurious to animals under ordinary conditions of use;

(g) that contains a low-grade feeding material or filler but is not labeled in accordance with the provisions of Schedule V of this Act;

(h) that consists in whole or in part of a diseased, filthy, putrid, or decomposed substance, unless the substance has been rendered harmless by sterilization or other effective process;

(i) that is otherwise unfit for feeding to animals; or

(j) that has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption applicable under the provisions of the Radiation Protection Act [cap 243].

(3) Any person who violates any of the provisions of this section shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(4) Where any offence under this Act is committed by a company, or other body corporate, or any society, partnership, association, or body of persons, every
56

person charged with, or concerned or acting in, the control or management of the affairs or activities of such company or other body corporate, society, partnership, association, or body of persons, shall be guilty of that offence and liable to punishment accordingly unless it is proved by such person that-

(a) through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed; or

(b) that he took all reasonable steps to prevent the commission.

(5) Where an offence under this Act is committed by a body corporate, the penalty of a fine shall be preferred against the body corporate; but any penalty may be imposed in the case of an officer or individual agent of the body corporate who was in default.

Limitation of action

39. Proceedings against any person for the violation of any of the provisions of this Act shall not be instituted after four years from the time the commition of the offence in question became fully known to the Minister.

Proceedings, evidence and supplementary orders

40(1) In any proceedings under this Act, unless the contrary is proved(a) a sample of a feedstuff drawn or taken by an inspector shall be deemed to be of the same composition, to have the same degree of efficacy and, except in so far as the taking of the sample causes it to be otherwise, to possess in all other respects the same properties as the whole from which it was taken,

(b) the certificate of analyst or registration, licence, permit, letter of no objection and approval purporting to be issued and signed by the person
57

designated therefor under this Act, shall be accepted as prima facie proof of the facts therein stated.

(c) A certificate of an Analyst stating that the Analyst has examined a substance or a sample submitted to him by an inspector and stating the result of the examination, is admissible in evidence in any proceedings for a violation or for an offence under this Act.

(2) A court convicting any person of an offence under this Act may make such order as the court shall deem proper, as to-

(a) the forfeiture or disposal of any animal feedstuff, bone or other product of an animal carcass or plant origin;

(b)

the payment by the defendant of all or any fees and other expenses

incidental to the analysis of an animal feedstuff, in respect of which the conviction is obtained.

(c) the compensation by the defendant for the loss incurred and other expenses incidental to the loss so incurred by the complainant in respect of which the conviction is obtained.

(3) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

(4) In any proceedings for a violation, or for an offence under this Act, a document purporting to be a certificate of registration, licence, permit, letter of no objection and approval shall be admitted in evidence without proof of the

58

signature of the person by whom it purports to be signed and without proof of that person's official position.

Delegation of Powers

41. Where, under this Act, the Minister is empowered to exercise any powers or perform any duties, he may by order, depute the Director or any other person by name or title, to exercise such powers or perform such duties on his behalf, subject to such terms and conditions as the Minister may impose, and thereupon or from the date specified by the Minister in the order, the person deputed shall have and exercise such powers and perform such duties subject to terms and conditions aforesaid.

Repeal and Savings

42(1) The provisions of the Fertilizer and Animal Foodstuffs Act [Cap. 345] in so far as they relate or refer to animal feedstuffs, is hereby repealed including any subsidiary legislation thereunder made.

(2) Notwithstanding the provisions of subsection (1)-

(a) any appointments made, powers conferred, orders issued, actions taken and notifications served or published under the repealed Act, shall, to the extend that the same can be made, conferred, issued, taken, served or published under this Act, be deemed respectively to have been made, conferred, issued, taken, served or published under this Act,

(b) all undertakings, existing rights, liabilities and engagements under the repealed Act, all suits, actions and legal proceedings shall be enforced, carried on and prosecuted under this Act and shall not be discontinued or prejudicially affected by reason only of the enactment of this Act,

59

(c ) all fees, charges or any recoverables of whatever description due and owing under the previous Act shall become payable and recoverable as if the same had originated and become due and owing under this Act,

(d) any certificate, licence, permit, letter of no objection, approval or order made or issued, as the case may be under the previous Act, shall continue to be in force for the period, if any, specified in or for such certificate, licence, permit, letter of no objection, approval or order,

(e) all properties and property rights which had been vested to the implementer of the previous Act to facilitate implementation and enforcement thereof, shall vest in the implementer of this Act to the extend the same related to foodstuffs under that Act.

(3) Notwithstanding the provisions of subsection (2) the Minister may suspend or reject the saving of anything or matter under this section if he considers such a saving to be prejudicial to the purposes or successful enforcement of this Act and such saving shall remain suspended until the Minister decides otherwise or extinguished upon rejection.

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REGULATIONS

61

SCHEDULE I
REPUBLIC OF KENYA

GAZETTE NOTICE NO . The Animal feedstuffs Act, No. ...of. [Year] IN EXERCISE of powers conferred by Section 36(2)(e) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs Act (Registration and Licensing) Regulations.

1. These regulations may be cited as the Animal Feedstuffs Act (Registration and Licensing) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

3. These regulations are made and shall apply without prejudice to the provisions of Part III of this Act.

4. The following feedstuffs need not, for the time being, be registered under this Act(a) chop feeds;

(b) any complete feed or Total Mixed Ration (TMR), supplement or macropremix produced in Kenya that is designed to be fed to animals where-

(i) the feed is not designed to replace whole milk in the ration of the animal,
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(ii) in the case of a complete feed, the nutrient level guaranteed for those nutrients listed in the Guaranteed Analysis Table in Schedule V, is within the range of nutrient levels listed in that Table for that type of feed,

(iii) in the case of a feed whose sodium content is designed to limit or regulate the intake of that feed by beef cattle or sheep and whose sodium level exceeds the maximum listed in the Schedule V, the directions for use indicated on the label include a statement to the effect that adequate water must be provided,

(iv) in the case of a supplement or macro-premix, the nutrient level guaranteed for those nutrients listed in the Schedule is such that when the supplement or macro-premix is used according to the directions for use it will not supply the complete feed with any nutrient at a level higher than the maximum listed in that Table for that nutrient but will supply the complete feed, in conjunction with the other ingredients, with a level of nutrient that meets or exceeds the minimum listed in that Table for that nutrient, and

(v) the manufacture and sale of the feed is in compliance with regulations 6;

(c) any consultant formula feed manufactured in Kenya if-

(i) in the case of a complete feed, the nutrient level guaranteed for those nutrients listed in the Schedule is within the range of nutrient levels listed for that type of feed,

(ii) in the case of a feed whose sodium content is designed to limit or regulate the intake of that feed by beef cattle or sheep and whose sodium level exceeds the maximum listed in Table1 of this Schedule, the directions for use indicated on the label include a statement to the effect that adequate water must be provided,

63

(iii) in the case of a supplement, macro-premix or micro-premix, the nutrient level guaranteed for those nutrients listed in the Schedule is such that when the supplement, macro-premix or micro-premix is used according to the directions for use it will not supply the complete feed with any nutrient at a level higher than the maximum listed in the Guaranteed Table in Schedule V for that

nutrient but will supply the complete feed, in conjunction with that supplied by the other ingredients, with a level of nutrient that meets or exceeds the minimum listed for that nutrient, and

(iv) the manufacture and sale of such a feed is in compliance with these regulations.

(d) any customer formula feed manufactured in Kenya if the manufacture and sale of the feed is in compliance with the provisions of this Act; and

5. A feed that is not, for the time being, required to be registered pursuant to regulation 4 shall, nevertheless, conform to the standards prescribed in these Regulations for that feed and shall be packaged and labelled as prescribed under this Act.

6(1) To every application to register a feed shall be attached-

(a) five copies of a proposed label to be used on feed or, in the case of a feed that is being re-registered without any changes, five copies of the label used previously with the feed; and

b) where copies of a proposed label accompany the application, an undertaking by the applicant to submit five copies of the actual label or a facsimile thereof to the Director within three months from the date of registration.

64

(2) Each set of labels accompanying an application shall be identified by an attachment number and such attachment number shall be indicated on the application. 7. Where an application to register a feed is made by an applicant who is not resident in Kenya, the feed is not eligible for registration unless the application is signed by an agent of the applicant who is permanently resident in Kenya and to whom any notice or correspondence under this Act may be sent and such agent gives an undertaking to the Director on a form prescribed by the Director to that effect. 8(1) In the case of any person applying to register GMO or biotechnology feeds the Director shall, before registration thereof, assess the efficacy, safety and effect of the GMO or biotechnology feed on the animal, humans and the environment. (2) In his assessment the Director, where appropriate, shall demand to see for record and perusal information, descriptions and reports relating to or detailing: (a) the results of scientific investigations respecting (i) the conditions and the prevalence of such conditions under which the feed would be efficacious for its intended purposes, (ii) the safety of the feed in respect of the species of animal for which it is intended and in respect of other species of animal and humans who may be exposed to it, (iii) suitable methodology for the detection of significant amounts of any ingredient, compound, substance or organism that is intentionally incorporated into the feed or that occurs as a contaminant of the feed, (iv) harmful residues, if any, (v) significant changes in the chemical or physical composition of animal products produced when the feed is used, and
65

(vi) the stability of the feed under practical conditions of storage; (b) a description of production methods including (i) information with respect to actual formulas to be used in the manufacture of the feed, (ii) information with respect to the type and capacity of the equipment to be used in manufacture of the feed, and (iii) information with respect to quality control procedures to assure uniformity of the mix and the lack of contamination of subsequent lots of feed manufactured in the same place; and (c) reports of analysis for any specified nutrient or medicating ingredient that is required to be guaranteed in the feed conducted on at least three samples, each drawn from a different one-third of a single mix or batch of the feed. (3) Where any investigation has been performed for the purpose of the assessment under subsection (1), the applicant shall establish that (a) the investigation was conducted or supervised by qualified research personnel; (b) the investigation was designed to facilitate statistical analysis and the results of the investigation were analysed by appropriate statistical methods; and (c) the investigation was conducted under conditions similar to those that may be expected to occur in Kenya. 9(1) Where, upon the conclusion of the assessment under regulation 8, the Director is satisfied with the safety and efficacy of the GMO or Biotechnology feed, and in the case of any other feed whose registration is sought, the Director may issue a registration certificate in respect of every feed that is the

66

subject of application, and such certificate shall, inter alia, be dully stamped, signed, dated and bear a registration number. (2) Where for any reason a feed business operator wishes to surrender a registration certificate as provided under section 8(1)(b) and (3), the operator shall do so by filing a form prescribed by the director to that effect and the consequences specified in section 8(3) or (5)(f) shall follow.) Where a feed that requires to be registered is to be marketed in more than one physical form, one application for registration of that feed may be made, one registration fee paid and one registration number assigned to all the physical forms. Refusal to register, cancellation of registration, etc. 10. The Director may refuse to register a feed if, after an assessment or evaluation of the application for registration of the feed, he is satisfied that(a) its brand or name is likely to deceive or be misleading to a purchaser with respect to its composition or usefulness; or it is likely be confused with a brand already applied to a registered feed; (b) it is deleterious or injurious to animal or humans even when used according to directions; (c) it is unsuited for the purpose for which it is to be sold or represented; (d) it does not meet the standards prescribed by these Regulations for that feed; or (e) the labelling information or guarantees do not fully describe the usefulness of the feed; or (f) its registration is likely to violate the provisions of this act. 11. Before a registration certificate is cancelled pursuant to the provisions of section 8, the Director shall give notice of his intention to deregister, by registered mail or any other reasonable mode of communication, to the
67

certificate holder indicating reason for the intended cancellation or revocation; and he may(a) grant a time limit within which the holder must rectify the situation to avert the proposed cancellation; and (b) if there is no response from the holder at all, or if the response comes after the time limit set for the response or if it is not satisfactory, the registration shall be cancelled.

68

SCHEDULE II
REPUBLIC OF KENYA

GAZETTE NOTICE NO . The Animal feedstuffs Act, No. ...of. [Year] IN EXERCISE of powers conferred by Section 36(2)(o) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Sterilization of Bones or other Feedstuff of Animal Origin) Regulations.

1. These regulations may be cited as the Animal Feedstuffs (Sterilization of Bones or other Feedstuff of Animal Origin) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

3. These regulations are made and shall apply without prejudice to the provisions of sections 21(1) (c) and 25(1) or any provision dealing with sterilization. 4 No bone meal or any substance of animal origin, whether imported or locally sourced, may be sold, distributed or used as animal feedstuff unless it is first sterilised in the manner provided under this Schedule.

5. Where bone meal or any substance of animal origin is imported as feedstuff, the importation shall first satisfy the provisions of Part V of this Act before being approved for use in Kenya, and among other documents to be produced to the Director to show compliance with the said Part, shall be a certificate of sterilization issued and authenticated by a competent authority in the exporting
69

country to establish that the imported bone meal or substance of animal origin were, prior to shipment, subjected to sterilization by a method acceptable to the Director. 6. Sterilization of any bones or other substances of animal origin for use in feedstuffs or for manufacture of feedstuff shall be by-

(a)Subjection to a dry heat of 1400 Celsius for not less than three hours; or

(b) Subjection to a moist heat under steam pressure of no less than 1.4 kilogrammes per square centimetre; 1.3 atmosphere for fifteen minutes; or

(c) Treatment of the bones after they are broken with the vapour of benzene (benzol) boiling between 950 Celsius. and 1150 Celsius for not less than four hours; live steam to be thereafter admitted for one hour, and shall be free of 'Bacillus anthracis' and organisms of the gas gangrene type.

7. After sterilization, every precaution shall be taken to prevent re-infection of the sterilized product and it shall be packed at the sterilizing plant in new bags.

8. No vehicle, vessel or barge which has been used for the conveyance of unsterilized bones or other substances derived from animal carcasses shall be used for the transport of sterilized animal products unless it has been first disinfected with a disinfectant solution equal in disinfective value to a 5 per cent solution of standard phenol.

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SCHEDULE III
REPUBLIC OF KENYA

GAZETTE NOTICE NO . The Animal feedstuffs Act, No. ...of. [Year] IN EXERCISE of powers conferred by Section 36(2)(b) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Use of GMO Feedstuffs) Regulations.

Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Use of GMO Feedstuffs) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

3. These regulations are made and shall apply without prejudice to the provisions of sections 4(2) (c) and 34(1) or any provision dealing with GMOs.

Regulation of GMO Imports

4. No person shall import, transit, use, or in any manner, release or place on the market a genetically modified animal feed or a product of a genetically modified animal feed without the explicit written approval of the Director.

5. Any person who wishes to carry out any import, or deliberate release, or contained use of, or place on the market, a genetically modified animal feed or a product of a genetically modified animal feed, shall submit an application in
71

writing to the Director and the same shall be processed, mutatis mutandis, in accordance with the provisions of Part III of this Act.

6. The application required by regulation 5 shall include-

(a) Assessment Report on risks that may be posed by the genetically modified feedstuff or product of a genetically modified feedstuff upon the environment, biological diversity or human health, including the consequences of Unintentional release;

(b) Information from previous or current release of the genetically modified feedstuff or product of a genetically modified feedstuff by any other country;

(c) If the request for approval is for the purposes of research and development, the recommendations of the National Biosafety Authority under the [Biosafety Act( No.2 of 2009)];

(d) a clear and sequential description of the steps to be taken in the importation, or deliberate release, or contained use, or placing on the market of the GMO feed, and the monitoring and evaluation that will be made at the end of each step, and the method of disposing any waste therefrom;

(e) a place where and the purpose for which the genetically modified feedstuff or the product of a genetically modified feedstuff is planned to be developed, used, kept, released or marketed, including detailed instructions for use and a proposed labelling and packaging scheme in accordance with the provisions of this Act; and

(f) submission of a written declaration confirming that the information provided for the purposes of these regulations is, to best of his knowledge and belief, true and correct including, where appropriate, an undertaking from the business
72

operator submitting the application that he affirms the accuracy and completeness of the information.

GMO labelling

7. Any GMO feedstuff approved by the Director for use in Kenya shall be labelled in accordance with regulation 8. 8(1) Animal feedstuffs shall be labelled as(a)GM free where they do not contain GM ingredients; or (b) Non GM where there is a level of accidental contamination ; or (c) GM positive where they contain GM ingredients; and

All these shall be so indicated after a rigorous test to that effect.

(2) The label shall further indicate the (i) (ii) date and country of origin type of GMO;

(iii) percentage of GMO; and (iv) the Directors stamp of approval

(3) The Director shall specify from time to time the size of the legends and numbers of the information required by this regulation and the same shall be printed or written in a conspicuous place on the feeds package and the place shall not be easily susceptible to erasure.

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SCHEDULE IV
REPUBLIC OF KENYA

GAZETTE NOTICE NO . The Animal feedstuffs Act, No. ...of. [Year] IN EXERCISE of powers conferred by Sections 33(4)(a) and 36(2)(k) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Sampling and Analysis of Feedstuffs) Regulations.

Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Sampling and Analysis of Feedstuffs) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

3. These regulations are made and shall apply without prejudice to the provisions of section 33 or any provision of this Act dealing with the sampling and analysis of feedstuffs.

The Feedstuff Sampling

4 Samples for analysis shall be taken or drawn-

(a) in as equal portions as possible, each not being less than 280 gm. weight from evenly distributed parts of the whole.

74

(b) only from sound containers or packages whose seals are intact and marked, or from open containers or packages from which animal feedstuffs are being sold in quantities of less than 10kg., in accordance with the packaging regulations made under this Act

5. Where the feedstuff being sampled is in single container or package and weighs 10kg. or less, the entire package shall be taken as the sample.

6. Where a single container or package contains more than 10kg or where the number of containers or packages is more than one but not more than ten, portions of the sample shall be drawn from each container or package and a minimum of five portions shall be taken.

7. Where the number of containers or packages is more than ten but not more than forty, portions of the sample shall be drawn at the rate of at least one portion per two containers or packages and a minimum of ten portions shall be taken.

8. Where the number of containers or packages is in excess of forty, it shall be adequate to collect twenty well-distributed portions.

9. The number of portions taken shall be the number appropriate to the number of containers or packages of the animal feedstuffs being sampled which is present at the time of sampling.

10. Appropriate tools, if available, may be used to assist in the drawing of the samples except that where valid objection is raised as to the use of any particular tool on account of its unsuitability for sampling the material concerned, that tool shall not be used in the taking of the sample.

11. When the material to be sampled is in cakes, single cakes may be taken as individual portions of the sample.
75

12. Where the material is in large lumps, single lumps may be taken as individual portions of the sample.

13. Where the product to be sampled is in a fluid or semi fluid condition, it shall first be mixed by stirring or shaking.

14. Where a spile is used for sampling it shall have a blade, which shall be long enough to penetrate the full length of the container or package, shall be of at least 1.90 cm. internal diameter and shall be inserted closed or mouth downwards and driven fully into the container or package being sampled. It shall then be opened or turned mouth upwards and manipulated so as to become filled with the material being sampled and then it shall be withdrawn smoothly for emptying.

15. The portions of a solid sample when drawn shall be spread in a place where they are adequately protected against contamination. They shall then be broken up and any matter material present shall be pulled apart and chopped up in such a manner that the whole will pass through a sieve with meshes 3.20 cm. across. The sieve material shall then be thoroughly mixed and shall be taken as the main sample. The main sample shall be reduced by sub-sampling if necessary for

preparing the Official Sample.

16. In sub-sampling, the material to be sub-sampled shall be thoroughly worked up and mixed and shall then be spread evenly on a smooth clean surface. It shall then be divided into four approximately equal quarters by two straight lines intersecting one another approximately at right angles near the middle of the sample. The quarters shall then be separated one from the other and two

diagonally opposing quarters shall be rejected and the other two retained. The operation shall be repeated as necessary for reducing the sample to the size required.

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17. The sample obtained as the result of the operation prescribed under regulation 15 and 16 of these Regulations shall again be mixed and shall be spread evenly and shall be divided into three similar parts and these shall be known as the Official Samples. Each of the three Official Samples shall be placed in a clean dry bottle, jar or other container with a close fitting lid, stopper, cover or seal and, in the case of an animal feedstuff which is likely to undergo change on exposure, shall be air tight. The weight of each Official Sample shall be between 0.5 and 1kg.

18. Where the main sample readily separates into a number of distinct fractions that do not readily mix together, the fraction shall be sub-sampled separately and the Official Samples shall be prepared by adding the sub-samples of each fraction to the sub-samples of the other fractions in amount which is proportional to its amount in the main sample.

19. Liquid main samples shall be mixed thoroughly by stirring in a clean open container and after mixing the three Official Samples each shall be drawn directly from several well spaced points.

20. Where the animal feedstuff being sampled contains material which changes rapidly on exposure to air, sampling, sub-sampling and the preparation and packing of the Official Sample shall be undertaken in a dry place and as quickly as possible.

21. The container in which an Official Sample has been packed shall be so secured or placed in a sealed package that its contents cannot be reached without breaking the seal, the container or the package.

22(1) The Inspector drawing an Official Sample shall affix to each container or package containing such official sample a certificate signed by himself and stating:-

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(a) acts;

his own name and full postal address and the authority under which he

(b)

that the sample therein was collected according to the procedure

prescribed in these Regulations;

(c)

the particulars marked on the containers or packages from which the

sample was drawn or on the labels attached to those packages in accordance with the regulations under this Act governing packaging and labelling;

(d)

the date and place when and where the sample was taken;

(e)

the name and full postal and business addresses of the manufacturer

where known and the seller or the person in possession of the animal feedstuffs at the time the sample was taken;

(f)

the name and full postal and business addresses of the person if any

under whose instructions the sample was taken; and

(g)

his observations on the conditions under which the animal feedstuff

was being stored at the time of taking the sample;

(2) He shall then despatch one Official Sample, with the certificate attached to an Analyst appointed under section 3 (2) (a) of this Act and the other, under registered cover to the person holding the animal feedstuffs for sale or who last sold the animal feedstuff and shall forward the third sample to the Kenya Bureau of Standards.

23. Where the animal feedstuff is clearly adulterated with stones, pieces of iron or other objects, no sample shall be taken but the Inspector shall seize and hold in safe custody such quantity of the material as he considers appropriate.

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Feedstuffs Analysis Rules

24. Samples for analysis shall be taken from Official Samples which have been taken and packed in the manner prescribed in the sampling regulations under this Schedule.

25. The following apparatus shall be used in the preparation of a sample for analysis:-

(a) sieves with apertures of 1 mm. square and of between 2 and 3 mm. square respectively; (b) a laboratory mill fitted with a screen with 1 mm. aperture; (c) a porcelain pestle and mortar; (d) an oven set to operate at 100oC; and (e) stoppered or screw-capped storage bottle 250 ml. and 500 ml.

26. If the Official Sample is in a fine condition and passes through a sieve having apertures about 1 mm. square it shall be thoroughly mixed and a portion not less than 250 gm. in weight shall be placed in a storage bottle. From this portion the quantities for analysis shall be taken.

27. If the Official Sample does not wholly pass through the sieve having apertures about 1 mm. square; and wholly passes through the sieve having apertures between 2 and 3 mm. square or if a change in a moisture content is likely to occur during the preparation of the Official Sample for analysis, the Official Sample shall be thoroughly mixed and a portion for the determination of moisture shall be taken at once.

28. If the Official Sample is in a coarse condition but can be pulverised as, for example, pieces of broken cake, it shall be carefully pulverised until the whole passes through the sieve having apertures between 2 and 3 mm. square. It shall

79

then be thoroughly mixed and a portion for the determination of moisture shall be taken at once.

29. Material which does not admit of being pulverized in its natural condition so that it will pass through the sieve having apertures between 2 and 3 mm. square, shall be mixed as thoroughly as its condition will allow. A portion of the coarse material shall then be taken for the determination of moisture and if the dry material can be pulverized, sufficient amount of the coarse material to produce at least 250 gm. of dried material shall similarly be dried and then pulverized so that it can pass through the aforesaid sieve. It shall then be thoroughly mixed. A portion of the material which has been prepared in the manner prescribed in these rules weighing not less than 250g. It shall then be taken and, if necessary, further pulverized until it passes through the sieve having apertures about 1 mm. square. The portion of the sample so prepared shall be placed in a storage bottle and from it the quantities for analysis shall be taken.

30. If the Official Sample is a liquid, it shall be placed in a storage bottle and shall be well stirred immediately before each sample is taken for analysis.

31. For a grading analysis, the sample shall be taken direct from the Official Sample.

32.Animal feedstuff which separate readily into separate fractions which are not susceptible to mixing together during preparation for analysis shall be separated into their component fractions, each fraction shall be analysed as if it was a separate animal feedstuff and the proportion of the separate fractions shall be allowed for in reporting the analysis.

33. The moisture content of material, which gains or loses during its preparation for analysis shall be determined on a sample of the material which has been prepared for analysis each time a sample is taken for analysis.

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34. Any change in moisture content during preparation of the sample shall be allowed for in presenting the results of analysis.

35(1) The following apparatus shall be used for the determination of moisture in an animal feedstuff where the sample tested is deemed by the Analyst to be suitable for drying at 100oC(a) a laboratory spoon or such other sampling tool as the Analyst shall consider suitable for drawing the sample; (b) a weighing bottle or boat; (c) a laboratory balance which is sensitive to 1 mg. or less of its weight; (d) a laboratory oven set to operate at 100oC; (e) a desiccator suitably charged with active desiccant.

(2)

About 5 grams of the sample (for the minimum larger amount that,

with regard to its coarseness, the Analyst shall consider to be representative of the sample), weighed to the nearest milligram, shall be heated in the oven for 2 to 3 hours. The sample shall then be placed in the desiccator to cool and shall then be re-weighed, again to the nearest milligram. The heating, cooling and weighing process shall be repeated until the difference in weight before and after heating is less than 5 mg. The percentage moisture shall be taken as the total

loss in weight as a result of the heating process, in milligrams multiplied by 100 and divided by the weight also in milligrams of sample taken for the moisture determination.

(3)

Where the sample is deemed by the Analyst to be of a nature

unsuitable for drying at 100oC., he may undertake the drying at a reduced pressure and at much lower temperature as in compatible with the stability of the product and he may utilize phosphorus pentoxide or some other desiccating agent to assist the process, or he may employ any other method which is suited to the determination of the moisture content of the sample and he may use such specialized apparatus as the method may require. In these circumstances the

81

moisture content reported shall be qualified by an indication of the method employed.

36. The following apparatus and reagents shall be used for the determination of oil in an animal feedstuff:-

(a) a laboratory spoon for drawing the sample;

(b) a weighing bottle or boat;

(c) a laboratory balance which is sensitive to 1 mg. or less and its weights; (d) a laboratory oven set to operate at 100oC.;

(e) an extraction apparatus 60 ml. capacity fitted with a water cooled reflux condenser;

(f)

a fat free extraction thimble to fit the aforesaid extraction apparatus;

(g) a receiving flask 150 ml. capacity whose weight is known to within 1 mg. and which will fit the aforesaid extraction apparatus;

(h) a second receiving flask 150 ml. capacity whose weight is known to within 1 mg., which also will fit the aforesaid extraction apparatus;

(i)

a radiant heat heater unit with energy regulated heat control to

accommodate the aforesaid receiving flasks;

(j)

a water cooled distillation condenser to fit the aforesaid receiving

flasks and a distillate receiver;

82

(k) a 9 to 11.5 cm. outside diameter porcelain mortar and pestle;

(l)

a dry 10 cm. diameter glass filter funnel, 15 cm. diameter general

purpose filter papers;

(m) a desiccator suitably charged with active desiccant, glass rods;

(n) wash bottles; (o) petroleum spirit boiling between 40 to 60oC.

37. Between 3 and 5 mg. weighed to the nearest milligram, of the analysis sample shall be placed in the extraction thimble and this shall then be placed in the extraction apparatus. The extraction apparatus shall then be fitted with a

receiving flask into which has been placed about 100 ml. of the petroleum spirit. The apparatus so assembled shall be heated for a total of 16 hours in the heater unit the heat control being kept so adjusted that condensate falls from the reflux condenser into the extraction apparatus throughout that time at the rate of 5 or 6 drops per second. The bulk of the petroleum spirit in the receiving flask shall then be distilled through the distillation condenser into the distillate receiver and the flask shall then be heated in the oven for 30 minutes, placed in the desiccator to cool and weighed to the nearest milligram. The heating, cooling and weighing process shall be repeated until the difference in weight of the receiving flask and its contents before and after heating is less than 3 mg. The percentage oil found shall be taken as the weight of the residue in the receiving flask in milligrams, multiplied by 100 and divided by the weight in milligrams of sample taken for the analysis.

38. Where an allowance for change in moisture content under these regulations must be made, the percentage oil reported shall be the percentage found divided by (100-the percentage moisture content of the sample determined as prescribed
83

in these Regulations and multiplied by (100-the percentage moisture content of the Official Sample. Otherwise, the percentage found shall be the percentage reported.

39. The following apparatus and reagents shall be used for the determination of fibre in an animal feedstuff:-

(a) a laboratory spoon for drawing the sample;

(b) a weighing bottle or boat;

(c) a laboratory balance which is sensitive to 1 mg. or less, and its weights; (d) a laboratory oven set to operate at 100oC.;

(e) a laboratory furnace;

(f)

a 400 ml. beaker on which has been marked the level to which it

would be filled by 200 ml. of liquid measured at room temperature;

(g) a hot plate with an energy regulator heat control;

(h) a porcelain Buchner funnel about 10.5 cm. diameter, 8 and 15 cm. diameter glass filter funnels, muslin cloth whose weight shall be known to the nearest milligram;

(i)

4 cm. diameter porcelain or silica dishes;

(j)

a suction pump;

(k) a heat resistant suction flask;

84

(l)

washing bottles, some with necks and mouthpieces insulated for

handling hot liquids;

(m) beakers;

(n) a desiccator suitably charged with active desiccant;

(o) glass rods;

(p) a time piece and optionally, the extraction apparatus, energy regulated heating unit and a receiving flask as prescribed under rule 5 of these Rules; (q) petroleum spirit boiling between 60 to 800C.;

(r)

0.255N sulphuric acid;

(s) carbonate;

0.313N sodium hydroxide which is free or nearly free of sodium

(t)

a 1% hydrochloric acid solution prepared by diluting 10 ml. of

concentrated hydrochloric acid with water to 1 litre;

(u) 95 per cent alcohol; and

(v) Diethyl ether.

40. A small weighed portion of the sample, which has been prepared for analysis in the manner prescribed in these Regulations, shall be heated with an excess of the 1 per cent hydrochloric acid.

85

41. If no effervescence is observed between 2.7 and 3.0 gm. of the sample which has been prepared for analysis in the manner prescribed in these Rules, it shall be taken and weighed to the nearest milligram.

42. The weighed sample shall be extracted with the petroleum spirit in the manner prescribed in these Rules or by stirring, settling and decanting three times with the petroleum spirit in a small beaker. The sample shall in no manner be ground in the extraction process. The extracted sample shall be air-dried and transferred to 400-ml. beaker. Sufficient of the 0.255N sulphuric acid to fill the flask to its 200-ml. mark shall then be heated to its boiling point. 30 to 40 ml. of this solution shall then immediately be added to the extracted sample.

43. The beaker shall be gently swirled to disperse the sample. Sufficient of the heated sulphuric acid solution shall then immediately be added to fill the beaker to the 200-ml. mark. The beaker and its contents shall be heated on the hot plate so that they come to the boil within 1 minute. The boiling shall then be continued gently for exactly 30 minutes. During boiling the beaker shall be

swirled every few minutes in order to mix the contents and remove particles from the sides. Meanwhile the Buchner funnel shall be prepared by placing a muslin cloth over the holes of the plate. The Buchner funnel shall then be fitted in the suction flask, boiling water shall be poured until the funnel, and this shall be allowed to remain in the funnel until the funnel is hot. The hot water shall then be drawn away by the application of suction. At the end of the 30 minutes of boiling the beaker shall be removed from the hot plate and the acid mixture poured at once into a shallow layer of hot water which is under gentle suction in the prepared funnel. The suction shall then be so adjusted that the filtration of the bulk of the 200 ml. of acid mixture is completed within 10 minutes. If the filtration takes longer than 10 minutes, the determination shall be discarded and a new determination shall be undertaken. The residues from the sulphuric acid extraction shall then be washed with boiling water until the washings are free from acid. Sufficient of the 0.313N solution of sodium hydroxide to fill the beaker to the 200 ml. mark shall be brought to boiling point in an insulated wash bottle
86

and some of it shall be used to wash the residue on the muslin cloth and in the funnel back into 400-ml. beaker. Sufficient of the hot sodium hydroxide solution shall then immediately be put on the hot plate and again heated so that its contents come to the boil within 1 minute. Boiling shall then be continued gently and continuously for exactly 30 minutes. During boiling, the beaker again shall be swirled every few minutes in order to mix its contents and remove particles from the sides. At the end of this 30-minute boiling period, the beaker shall be

removed from the hot plate and its contents shall be transferred to a muslin cloth in a 15-cm.-filter funnel. Any insoluble material remaining in the beaker shall be transferred to the muslin cloth by washing with boiling water and the residue shall then be well washed on the muslin cloth with boiling water. The residue shall then be washed with the 1 per cent hydrochloric acid solution. The residue shall then be rewashed with boiling water until it is free from acid.

The residue shall then be washed twice with the 95 per cent alcohol and three times with the diethyl ether. The residue on the muslin cloth shall be transferred with diethyl ether to a weighed dried silica dish whose weight shall have been determined to the nearest milligram. The silica dish and its contents shall then be heated in the oven for 30 minutes, placed in the desiccator to cool and weighed to the nearest milligram. The heating, cooling and weighing process shall be repeated until the difference before and after heating is less than 3 mg. The silica dish and its contents shall then be placed in the silica capsule and the capsule and its contents shall be placed in the furnace, the furnace then being cool. The furnace and its contents shall then be heated until the contents of the silica capsule are incinerated, but the temperature inside the furnace during that time shall not be allowed to exceed 600C. The capsule and its incinerated content shall be placed in the desiccator to cool and shall then be reweighed to the nearest milligram. The amount whereby the weight of the silica dish and its contents after incineration exceeds the known weight of the said silica dish, empty, shall be taken as the weight of ash in the residue. The apparent fibre content of the sample shall be taken as the amount whereby the weight of dry residue collected on the muslin cloth exceeds the weight of ash in the residue.
87

The actual fibre content multiplied by the factor (0.0102 t- 0.02), where 't' is the observed boiling point of water in degrees centigrade in the laboratory at which the determination was carried out. The percentage fibre found shall be taken as the actual fibre content so found in milligrams, multiplied by 100 and divided by the weight also in milligrams, of sample taken for analysis. Where an allowance for change in moisture content under these Rules must be made, the percentage fibre reported shall be the percentage found, divided (100-the percentage moisture content of the sample determined as prescribed in these Rules) and multiplied by (100-the percentage moisture content of the Official Sample).

Otherwise the percentage found shall be the percentage reported.

44. If effervescence is observed in application of the test prescribed in above, the suspension shall be stirred well and allowed to settle. The supernatant liquid shall be decanted through a 12.5 cm. general purpose filter of known weight in an 8 cm. filter funnel and the residue shall be washed twice and then transferred to the filter paper. The residue and the filter paper shall then be dried in the oven and reweighed.

45. The quality of the sample taken for the test in accordance with these Rules which would be sufficient to give 2.7 gm. and 3.0 gm. respectively of residue after treatment in the manner prescribed in this rule, shall then be calculated.

46. A quantity of the sample which has been prepared for analysis in the manner prescribed in these Rules, which shall be between the weights calculated in this rule, shall then be taken and weighed to the nearest milligram. The weight

sample shall then be extracted with the petroleum spirit in the manner prescribed in this rule and transferred to the 400 m. beaker. The extract sample shall then be treated in the beaker with an excess of the 1% hydrochloric acid and the suspension shall be agitated well and allowed to settle. The supernatant liquid shall be decanted through a muslin cloth in an 8 cm. filter funnel. The residue
88

shall then be washed twice with water by decantation through muslin cloth. The residue in the beaker and on the muslin cloth shall then be allowed to drain thoroughly, sufficient of the 0.255N sulphuric acid to fill the 400 ml. beaker to its 200 mil. mark shall then be heated to its boiling point and 30 to 40 ml. of the hot acid shall be used to wash any particles on the muslin cloth back into the beaker. The fibre determination shall then proceed in the manner prescribed in this rule.

47(1) The following apparatus and reagents shall be used for the determination of nitrogen in an animal feedstuff:(a) a laboratory spoon for drawing the sample; (b) a weighing bottle or boat; (c) a laboratory balance which is sensitive to 1 mg. or less, and its weights; (d) pipettes 25, 50 and 100ml. minimum specification B.S. 1583, Class B; (e) burettes 50 ml. minimum specification B.S. 846, Class B; (f) measuring cylinders 25 ml;

(g) flat bottom flasks 50 and 100 ml.; (h) glass rods; (i) (j) a time piece; 50 per cent sodium hydroxide solution, prepared by dissolving 500 gm.

of sodium hydroxide in water and diluting to 1 litre;

(k) 0.1N, 0.2N or 0.5N standard hydrochloric acid or sulphuric acid, the concentration used shall be as prescribed under this rule as the case may be. The standard acid shall be adjusted to exact normality against a corresponding standard sodium carbonate solution;

(l)

0.1N, 0.2N or 0.5N standard sodium hydroxide, the concentration used

shall be as prescribed under this rule as the case may be. The standard sodium hydroxide shall be adjusted to exact normality against the corresponding standard acid;

89

(m) methyl red solution, prepared by adding 0.5 ml. of 0.1N sodium hydroxide to 5 ml. of 90 per cent industrial methylated spirits, dissolving in this solution 25 mg. of methyl red and diluting the resultant solution to 250 ml. with 50 percent industrial methylated spirits.

(2)The following apparatus and reagents in addition to those specified in paragraph (1) of this regulation shall be used for determination of protein in an animal feedstuff-

(a) Kjeldahl flasks 500 to 600 ml;

(b) ammonia distillation apparatus to fit the aforesaid kjeldahl flasks, each comprising a Liebig condenser mounted vertically and connectable to its flask through a splash-head and vertical delivery still head connecting tube;

(c) radiant heat heater units with energy regulator heat controls to accommodate the aforesaid kjeldahl flasks;

(d) concentrated sulphuric acid; (e) paraffin wax; (f) potassium sulphate or anhydrous sodium sulphate;

(g) crystalline copper sulphate or elemental selenium; (h) litmus indicator papers; and (i) pure sucrose.

(3)

About 2 gm., weighed to the nearest milligram, of the sample which

has been prepared for analysis in the manner prescribed in rule 2(a) of these Rules shall be placed in a Kjeldahl flask and to it shall be added 25 ml., measured by measuring cylinder of the concentrated sulphuric acid. The flask then shall be gently heated until frothing ceases. If frothing is excessive 0.5 gm. of the paraffin wax shall also be added.

90

(4)

10 gm. of potassium sulphate or anhydrous sodium sulphate and 0.5

gm. of the copper sulphate or elemental selenium shall then be added and the flask strongly heated until the colour of the clear liquid ultimately obtained ceases to diminish. Heating shall then continue for a further one and a half hours. The contents of Kjeldahl flask shall then be allowed to cool and water shall be added, at first in small quantities with further intervals of cooling of the flask as necessary, until a total volume of about 250 ml. is obtained. A piece of litmus paper shall then be placed in the diluted solution and, with swirling of the flask to ensure mixing, the 50 per cent solution of sodium hydroxide shall be added slowly until the litmus paper just turns blue. A further 10 ml. determined by measuring cylinder of the sodium hydroxide solution shall then be poured carefully down the side of the flask so that it does not mix at once with the other constituents of the flask. The flask shall then at once be mounted in a heater unit and connected to the ammonia distillation apparatus, the outlet of which shall dip into a measured volume of standard sulphuric or hydrochloric acid, in a 500 ml. flat flask. The amount and normality of standard acid into which the ammonia distillation apparatus outlet shall dip shall be determined by the amount of crude protein which the animal feedstuff is believed to contain and shall be in accordance with the following table:-

91

VOLUME AND NORMALITY OF STANDARD ACID IN THE DETERMINATION OF NITROGEN

Where the N content is believed to be:

or where the crude protein is believed to be: (a) in pure wheat products: (b) in all other Animal Feedstuffs: the No. of ml. of standar d acid taken shall be: and its normalit y shall be:

less than 3%

less than 16%

less than 17.5%

50

0.1N

at least 3% but less than 4%

at least 16 % at least 17.5% 75 but less than 23% but less than 25.0% at least 25.5% 100 but less than 37.5%

0.1N

at least 4% but less at least 23% than 6%

0.1N

at least 6% but less than 8%

at least 37.5% 125 but less than 50.0%

0.1N

at least 8% but less

at least 50.0% 100

0.2N

92

than 12% at least 12% but less than 16% at least 16% but less than 20% at least 20% but less than 30% at least 30% but less than 40% at least 40% 150 0.5N 125 0.5N 100 0.5N 150 0.2N 125 0.2N

The volume of standard acid taken shall be measured using suitable combinations of the pipette. Where less than 100ml. of standard acid is taken it shall be made up to about 100ml. with distilled water.

The contents of the boiling flask shall then be mixed and the heat control on its heater unit shall then be so adjusted that not less than 150ml. of distillate shall be collected in the standard acid in 30 minutes.

The excess of standard acid remaining after the distillate has been collected in it shall be titrated from a burette with standard sodium hydroxide of the same normality as that of the acid used to take up that distillate, a few drops of the methyl red solution being used as indicator.

(5) A blank determination shall be undertaken alongside the actual determination using the same amounts of the same reagents for the digestion and distillation, and for taking the distillate and the same standard alkali for titrating the excess acid as were used in the actual determination, but with 2 gm. of pure sucrose in place of the sample. In the blank determination the bulk of the standard alkali used to neutralize the excess of standard acid may be measured by a 50 or 100
93

ml. pipette as the case may be. The titration shall be made to the nearest 0.05 ml. If the number of millilitres and parts of a millilitre of standard sodium hydroxide required to neutralize the standard acid in the blank determination is expressed as "x" and the number of millilitres and parts of a millilitre similarly required in the actual determination is expressed by "y", the percentage nitrogen found shall be taken as (x-y) multiplied by 1.4 times the normality of the standard acid used to take up the distillate and divided by the weight in grams and parts of a gram of sample taken for the analysis.

(6)

Where the animal feedstuff is a pure wheat product, the percentage crude

protein found shall be taken as percentage nitrogen found multiplied by 5.70. In all other animal feedstuffs, the percentage crude protein found shall be taken as the percentage nitrogen found multiplied by 6.25.

(7)

Where an allowance for change in moisture content under rule 2 (c) of these

Rules must be made the percentage nitrogen or crude protein reported shall be the percentage found, divided by (100-the percentage moisture content of the sample determined as prescribed by rule 2(b) of these Rules) and multiplied by (100-the percentage moisture content of the Official Sample). percentage found should be the percentage reported. Otherwise the

48(1) The following apparatus and reagents shall be used for the determination of phosphate in an animal feedstuff-

(a) (b) (c) (d)

a laboratory spoon for drawing the sample; a weighing bottle or boat; a laboratory balance which is sensitive to 1 mg. or less, and its weights; volumetric flasks 100 ml. and 250 ml. minimum specification B.S. 1792,

Class B; (e) volumetric flasks 50 and 200 ml. minimum specification B.S. 1792, Class B, if prescribed in this rule; (f) pipettes 10, 25 and 50 ml. minimum specification B.S. 1583, Class B;
94

(g)

burettes 50 ml. minimum specification B.S. 846, Class B. Graduated pipettes 25 ml., minimum specification B.S. 700, Class B, Type 2;

(h)

measuring cylinders 5, 10, 25 and 500 ml. minimum specification B.S. 604,

Class B; (i) (j) wash bottles; a spectrophotometer, with monochromator capable of being set to give a source of light with wavelength of 4200Ao, or a colorimeter or absorptiometer fitted with a 425Ao, violet light filter, with two cells of 1 cm. optical length; (k) (l) (m) (n) (o) (p) (q) a time piece; a dry flat bottom flask 1,000 ml.; a dry 20 cm. diameter glass funnel; 32 cm. diameter medium fine filter paper; glass rods; graph paper, 1 mm. rulings; sodium sulphate solution, prepared by dissolving 54 gm. anhydrous sodium

sulphate in 500 ml. water;

(r) vanadium molybdate reagent, prepared by dissolving separately 20 gm. of ammonium molybdate and 1 gm. of ammonium vanadate in water, mixing, acidifying with 140 ml. of concentrated nitric acid, and diluting with water to 1 litre;

(s) phosphate stock solution, prepared by dissolving in water, 1.9173 gm. of potassium dihydrogen phosphate which had previously been dried at 150o C. for one hour and cooled in a desiccator and diluting to 1,000 ml. in a volumetric flask;

(t) standard phosphate solution, prepared by diluting 50 ml. measured by pipette, or phosphate stock solution to 250 ml., in a volumetric flask. This solution contains 0.2 mg. of phosphorus pentoxide per millilitre.

95

49 (1)The following apparatus and reagents in addition to those specified under these Rules shall be used for the determination of total phosphate in an animal feedstuff-

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n)

a silica capsule or dish about 55 mm. diameter; a hot plate with an energy regulator heat control; a laboratory oven set to operate at 100oC.; a laboratory furnace; beakers 400 ml.; a volumetric flask 500 ml., minimum specification B.S. 1792, Class B; a graduated safety pipette 23 ml. type 2; a safety pipette 5 ml.; an 8 cm. diameter glass funnel; 12.5 cm. diameter medium fine filter papers; a watch glass 9 cm. diameter; calcium oxide; concentrated nitric acid; and concentrated hydrochloric acid.

(2)

Between 4 and 5.1 gm. weighed to the nearest milligram, of the sample

which has been prepared in the manner prescribed under these Rules shall be placed in the silica capsule or dish. 1 gm. of calcium oxide shall then be added and mixed with the sample and the mixture shall be thoroughly wetted with water. The wet mixture shall then be dried in the oven. It shall then be heated gently and finally incinerated in the furnace to destroy as much organic matter as possible, but the temperature in the furnace during that time shall not be allowed to exceed 500oC.

(3)

The incinerated material shall then be allowed to cool and shall be

transferred to the 400-ml. beaker with 10 ml. of distilled water. 12 ml. of the concentrated hydrochloric acid shall then be added, the addition being made sufficiently slowly to avoid loss by effervescence. 5 ml. of the concentrated nitric
96

acid shall then be added. The mixture shall then be heated to incipient boiling and kept at that temperature for 10 minutes. About 10 ml. of water shall then be added and the solution filtered through a 12.5 cm. filter paper in an 8 cm. filter funnel into a 400 ml. beaker, any insoluble material remaining being transferred to the filter with minimum amount of water and washed twice with small quantities of water. The filtrate on the beaker shall then be protected with the watch glass.

(4)

The filter paper and the insoluble matter it contains shall then be

transferred to the original capsule or dish and dried in the oven. It shall then be heated gently and finally incinerated in furnace, the incinerated being continued until all the carbon is destroyed, but temperature in the furnace during that time shall not be allowed to exceed 500oC.

(5)

The resultant ash shall then be combined with the filtrate, which had been

protected with the watch glass in a beaker, and the whole shall be heated to boiling. The solution shall then be cooled to 20oC., transferred to a 500 ml. volumetric flask diluted to volume, mixed well and filtered through a dry 32 cm. filter paper in the dry 20 cm. filter funnel into the dry flat bottom flask, the first to 10 to 20 ml. of the filtrate being discarded.

50(1) The following apparatus shall be used for the determination of the percentage material passing through a Standard Test Sieve-

(a) (b) (c) (d) (e)

a laboratory spoon for drawing the sample; a weighing bottle or boat; a laboratory balance sensitive to 1 cg. or less, and its weights; a laboratory oven set to operate at 100oC; a standard sieve, minimum, specification B.S.140, of the mesh prescribed

for the determination, with a fitted lid and lower receiver; (f) (g) a time piece; a small weighed beaker;
97

(h) (i) (j) (k)

a smooth clear dry hardwood surface; a sharp edged ruler; a camel hair dabbing brush; and a camel hair flat brush.

(2)

A large portion of the Official Sample shall be mixed thoroughly on the

hardwood surface and a representative portion thereof obtained by applying the procedure prescribed under these regulations, for obtained a sub-sample and weighting at least 25 gm., shall be dried at 100o C. and cooled. About 20 gm., weighed to the nearest centigram, of the dried sample shall be transferred to the sieve with the lower receiver attached. The lid shall then be fitted and the sieve shall then be shaken for five minutes with frequent tapping of the sides. The powder, which collects in the lower receiver during the shaking, shall then be brushed with the flat brush into the small weighed beaker and weighed to the nearest centigram. The sieving unit shall then be reassembled and shaking and tapping shall be continued for two minutes. The powder, which has collected in the lower receiver during the second shaking period, shall then be added to the first portion and the weighing repeated. The shaking, tapping and weighing

processes shall be continued until no more than four centigrams of powder passes through the sieve in a two-minute shaking period.

(3)

The fibres of the dabbing brush shall be applied to any lamps remaining on

the sieve after each shaking period so as to cause them to disintegrate but care shall be taken that the hard parts of the brush do not make contact with the lamps during the disintegration or that the brush is not used to brush particles through the sieve.

(4)

The percentage material reported as passing through the sieve shall be

taken as the total weight of powder in centigrams collected in the lower receiver, divided by the weight in grams and parts of a gram of dried sample taken for the determination.

98

51(1) The following apparatus and reagents shall be used for the determination of salt in an animal feedstuff:-

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)

a laboratory spoon for drawing the sample; a weighing bottle or boat; a laboratory balance which is sensitive to 1 mg. or less, and weights; a laboratory oven set to operate at 100oC; a laboratory furnace; a silica dish about 50 mm. diameter; a porcelain mortar 8.9 to 11.5 cm. outside diameter and pestle; a volumetric flask 250 ml., minimum specification B.S. 1792, Class B; pipettes 5 and 100 ml. minimum specification B.S. 1583, Class B; burettes 10 ml. minimum specification B.S. 846, Class B; 10 cm. diameter filter funnels; 15 cm. diameter general purpose 15 cm. diameter rapid double acid washed

filter papers; (m) (n) (o) (p) glass rods; a conical flask 250 ml.; a flat bottom flask 500 ml.; a wash bottle with its neck and mouthpiece insulated for handling hot

liquids; (q) calcium oxide, finely ground, free from chloride. 0.1N silver nitrate

standardized against 0.N sodium chloride (which contain 5.846 grams pure sodium calcium per litre); (r) 0.1N ammonium or potassium thiocyanate standardized against the 0.1N

silver nitrate; (s) dilute nitric acid, prepared by adding 1 part of concentrated nitric acid to 4

parts of water; (t) clarified nitric acid solution prepared by diluting concentrated nitric acid

with about 1/4 of its volume of water and boiling until practically colourless; and

99

(u)

ferric indicator solution, prepared by adding ml. of concentrated nitric acid

to 100 ml. of saturated aqueous ferric ammonium sulphate.

(2)

About 5 gm. weighed to the nearest milligram, of the sample which has

been prepared in the manner prescribed under these Rules shall be placed in the silica dish. 1 gm. of the calcium oxide shall then be added and shall be mixed with the sample and the mixture shall be wetted with water to a thick paste. The mixture shall be dried in the oven, allowed to cool and then ground to a fine powder and shall then be heated gently and finally incinerated in the furnace until all the organic matter has been thoroughly charred, but the temperature in the furnace during that time shall not be allowed to exceed 500 C.

(3) The residue shall then be extracted with repeated portions of hot water and diluted through a general filter paper. The filtrate shall be cooled and diluted to volume in a 250 ml. volumetric flask. 100 ml. of this solution shall be measured by pipette into the conical flask and acidified with the dilute nitric acid. A known volume of the 0.1N silver nitrate solution shall then be measured into the solution in the conical flask from burette, the silver nitrate solution being added until no further precipitate is formed and a slight excess of silver nitrate is present. The volume of 0.1N silver nitrate added shall be measured to the nearest 0.1 ml. The precipitate shall then be stirred well, filtered through a rapid filter paper into the flat bottom flask and washed thoroughly. 5 ml. measured by pipette, of the ferric acid indicator solution and a few millilitres of the clarified nitric acid solution shall then be added to the combined filtrate and washings in the flat bottom flask. The excess of the silver nitrate remaining in the filtrate shall then be determined by titration with 0.1N ammonium or potassium thiocyanate from a burette until a permanent light brown colour appears. made to the nearest 0.1 ml. The titration shall be

(4)

If the number of millilitres and parts of a millilitre of 0.1Nsilver nitrate

added to a solution in the conical flask is expressed as x and if the number of millilitres and parts of a millilitre of 0.1N thiocyanate solution used in the
100

titration to determine the excess of silver nitrate is expressed as y, the percentage slat found may be taken as x-y multiplied by 1.461 and divided by the weight in grams and parts of a gram of sample taken for the analysis.

(5)

Where an allowance for change in moisture content under these Rules must

be made, the percentage salt reported shall be the percentage found, divided by 100 minus the percentage moisture content of the sample determined as prescribed under these Rules and multiplied by 100 minus the percentage moisture content of the Official Sample. Otherwise the percentage found shall be the percentage reported.

52(1) The following apparatus and reagents shall be used for the determination of ash, sand, silicious material and other insoluble mineral matter in an animal feedstuff-

(a) (b) (c) (d) (e) (f) (g) (h)

a laboratory spoon for drawing the sample; a weighing bottle or boat; a laboratory balance which is sensitive to 1 mg. or less, and weights; a hot plate with an energy regulator heat control; a laboratory furnace; silica capsules or dishes about 55 mm. diameter; an 11 cm. diameter funnel; 7 cm. diameter general-purpose ash less filter papers, wash bottles with

their necks and mouthpieces insulated for handling hot liquids; (i) (j) (k) glass rod; concentrated hydrochloric acid; and dilute hydrochloric acid, prepared by diluting 240 ml. of concentrated

hydrochloric acid with water to 1 litre.

(2) Between 2 and 5 weighed to the nearest milligram, of the sample which has been prepared in the manner prescribed under these Rules shall be placed in a silica capsule or dish and shall then be heated gently and finally incinerated in the
101

furnace until all the carbon has been destroyed but the temperature in the furnace during that time shall not be allowed to exceed 500 C. The ash shall then be cooled and moistened with the concentrated hydrochloric acid. The moist ash shall then be evaporated to dryness and baked on the hot plate. The dried ash shall then be extracted repeatedly with the hot dilute hydrochloric acid. The extract each time shall be decanted through a filter paper in the filter funnel. After the extraction has been completed, the residue shall be transferred to the aforesaid filter paper in the filter funnel and shall be washed thoroughly with hot water. The filter paper and the residue it contains shall then be placed in a silica capsule or dish whose weight is known to the nearest milligram. These shall be dried in the oven, and shall then be heated gently and finally incinerated in the furnace until all the carbon is destroyed, but the temperature in the furnace during that time shall no be allowed to exceed 500 C. The silica capsule and the ash it contains shall be allowed to cool and shall be reweighed, the weight being determined to the nearest milligram. The percentage of sand, silicious matter and other insoluble mineral material found shall be taken as the weight in milligrams of ash so found, multiplied by 100 and divided by the weight in milligrams of samples taken for analysis.

(3)

Where an allowance for change in moisture content under these Rules must

be made, the percentage of sand, silicious material and other insoluble matter reported shall be the percentage found, divided by 100 minus the percentage moisture content of the sample determined as prescribed under these Rules and multiplied by 100 minus the percentage moisture content of the Official Sample. Otherwise the percentage found shall be the percentage reported.

53(1) The following reagents shall be used for the determination of sugar in an animal feedstuff-

(a)

Potassium oxalate solution - dissolve 50 g. of potassium oxalate in water and

dilute to 1 litre.

102

(b)

Zinc acetate solution - dissolve 219 g. of crystallized zinc acetate and 30 ml.

of glacial acetic acid in water and dilute to 1 litre. (c) Potassium ferrocyanide solution - dissolve 106 g. of crystallized potassium

ferrocyanide in water and dilute to 1 litre. (d) (e) N. hydrochloric acid. Phenolphthalein indicator solution - dissolve 250 gm. of phenolphthalein in

150 ml. of industrial methylated spirit and dilute with water to 250 ml. (f) 10 per cent sodium hydroxide solution - dissolve 100 g. of sodium hydroxide

in water and dilute to 1 litre. (g) Fehling's solution - mix equal volume of a solution of copper sulphate and a

solution of sodium potassium tartrate prepared as follows:-

Copper sulphate solution - dissolve 69.28 g. of copper sulphate (CuSO4 5H20) in water and dilute to 1 litre. The strength of the Fehling's solution should be such that 10 ml. is equivalent to 0.0525 g. of invert sugar. It should be checked by titrating with a solution of pure sucrose inverted by, and using, the procedure described in subparagraph (f) of (2) of this rule.

(h)Sodium potassium tartrate solution - dissolve 346 g. of sodium potassium tartrate and 100 g. of sodium hydroxide in water and dilute to 1 litre.

(i)

Methylene blue solution - dissolve 2.5 g. of methylene blue in water and

dilute to 250 ml.

(2)

The following procedure and apparatus shall be used for the determination

of sugar in an animal feedstuff-

(a) When the substance is in solid form weigh to the nearest centigram about 20 g. of the sample or a sufficient quantity to contain about 2 g. of sugar. Grind in a mortar with hot water (temperature not to exceed 60 C.) and transfer with the aid of water to a 250 ml. beaker using in all about 120 ml. of water. Stir well and decant through muslin into a 250 ml. volumetric flask, allowing to drain until the
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liquid is substantially removed, and then squeeze the residue on the muslin. Return the residue to the beaker, add about 50 ml. of water, mix and decant through the muslin into the volumetric flask, again squeezing the residue after draining. Repeat this treatment with a further 50 ml. of water, and finally

squeeze the residue on the muslin. Add 5 ml. of potassium oxalate solution to the contents of the volumetric flask followed by 5 ml. of zinc acetate solution; mix well and then add 5 ml. of potassium ferrocyanide solution, dilute to 250 ml. mix well and filter. Determine the sugar in 50 ml. of the filtrate by the procedure described in sub-paragraph (c) of this paragraph.

(b)

When the substance is in liquid form weigh to the nearest mg. about 5 g. of

the sample and wash with water into a 250 ml. volumetric flask using about 200 ml. of water. To clear the solution add 5 ml. of zinc acetate solution. Mix, dilute to 250 ml. of potassium ferrocyanide solution, again mix, dilute to 250 ml., mix and filter. Determine the sugar in 25 ml. of the filtrate by the procedure

described in sub-paragraph (c) of this paragraph.

(c)

In order to determine the sugar content transfer the measured volume of

filtrate obtained as described in subparagraph (a) or (b) of this paragraph to a 300 ml. beaker, add 15 ml. of N. hydrochloric acid, dilute to 150 ml. With water,

cover with a glass and heat to boiling point. Continue to boil for 2 minutes, cool, add 2 or 3 drops of phenolphthalein indicator solution, just neutralize with 10 percent sodium hydroxide solution, transfer to a 200 ml. volumetric flask and dilute to 200 ml. Filter if necessary.

(d) A preliminary estimation is usually necessary where the percentage of sugar is unknown, in which case transfer exactly 10 ml. of Fehling's solution to a 250-ml. conical flask and add 20 ml. of water. Add from a burette approximately 10 ml. of the filtrate obtained as described in subparagraph (c) of this paragraph, heat to boiling point, and boil briskly for 1 minute. Add 3 drops methylene blue solution and titrate from the burette at the rate of 1 ml. per 15 seconds until the blue colour is discharged, the contents of the flask being kept boiling throughout the
104

titration. Note the total number of ml. required and call this x ml. This titration should not be outside the range of 15 - 40 ml. otherwise the determination should be repeated using a more appropriate volume of the filtrate.

(e) To achieve an exact determination proceed as follows-

To 10 ml. of Fehling's solution in a 250 ml. conical flask add, from a burette, (x-1) ml. of the filtrate obtained as described in sub-paragraph (c) of this paragraph together with sufficient water to make a total volume of 60 ml. Heat to boiling point, boil briskly for 1 and 1/2 minutes and add 3 drops of methylene blue solution. Titrate from the burette at the rate of approximately 0.25 m. per 15 seconds until the blue colour is discharged, the contents of the flask being kept boiling briskly throughout the titration which must not take more than 11/2 minutes. Then the total number of mil. used in the determination equals the sugar equivalent of 10 ml. of Fehling's solution. 10 ml. Fehling's solution = 0.0525 g. invert sugar. Not more than 1 ml. of the filtrate should be required for the completion of the titration. If more than 1 ml. is required, then the

determination should be repeated using a more closely calculated volume of filtrate for the original addition. The time taken from the initial boiling point until the end of the titration should be about 3 minutes. If this time is exceeded by more than 20 seconds, the titration should be repeated.

(g) The Fehling's solution shall be standardized as follows-

Dissolve 2.375 g. sucrose (dried at 100 C.) in 100 ml. of water in a 300 ml. beaker, add 15 ml. of N. hydrochloric acid and sufficient water to give a volume of 150 ml. Heat to boiling point, boil for 2 minutes, cool, add 2 or 3 drops of

phenolphthalein solution, just neutralize with 10 per cent sodium hydroxide solution, transfer to a 500 ml. volumetric flask and dilute to 500 ml. Then follow the procedure described in sub-paragraph (e) of this paragraph.

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1 ml. of this solution = 0.00475 g. sucrose =0.005 g. invert sugar, i.e. 10 ml. of Fehling's solution = 10.5 ml. of this standard invert sugar solution. The total copper reducing power should finally be determined in terms of sugar (C12 H22 O11). 54. The Analyst shall report in this Certificate the percentage, to the first decimal place, of each of the constituents of an Official Sample which an inspector, or, in pursuance of rule 21 of the Animal Feedstuffs Sampling Rules, shall have stated (in the Certificate he affixed to the container or package containing that sample) in addition to the particulars printed or marked in accordance with the requirements of rule 4 of the Animal Feedstuffs Packing Rules, on the containers or packages from which the Official Sample was drawn or on the labels attached to those containers. Where Official Sample is stated to be drawn from packages or containers marked or labelled as being Sulphate of ammonia, he shall also report the percentage of free acid. Where the animal feedstuffs from which the Official Sample was drawn is sold for poultry mash he shall also report the percentage of salt, where he finds the Official Sample to contain any deleterious substances whatsoever, he shall report on its presence. Where the Official

Sample is an animal feedstuff and where he suspects deleterious proportions of sand, silicious matter or other insoluble matter to be present, he shall also report the total percentage of these materials.

55. The Analyst shall send copies of the Certificate of Analysis of each Official Sample which he analyses to the Inspector who drew the sample, to the feed business operator from whom the sample was taken, and also to the person, if any, under whose instructions the sample was collected and to the person who last sold the animal feedstuff.

56. Where a portion of the feed that is to be analysed appears mouldy or otherwise damaged in a manner to affect its suitability for feeding purposes, separate samples may be taken of the undamaged portion and the damaged portion.
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SCHEDULE V
REPUBLIC OF KENYA

GAZETTE NOTICE NO ..

The Animal feedstuffs Act, No. ...of. [Year]

IN EXERCISE of powers conferred by Section 36(2)(h) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Labelling and Packaging of Feedstuffs) Regulations.

Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Labelling and Packaging of Feedstuffs) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

3. These regulations shall apply to all feedstuffs on all matters of the labelling and packaging of all feeds except those feeds for which special labelling and packaging provisions have been made under this Act

Labelling 4. Any animal feed manufacturer who is registered and licensed to do feed business and whose feed is registered under this Act shall, before making any distribution or sale thereof in Kenya, strictly observe all the requirements of this Schedule as to labelling and packaging of feedstuffs.

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5. Any feedstuff, hereinafter known as commercial feed, other than customer formula feed, shall be labeled with the following information:

(a)(i)

a certification level of the manufacturer allocated to him by a feeds

business operators self regulatory organization, if any, by whatever name called, obtaining in Kenya.

(ii) Product name and brand name, if any,

(b) If a drug is used-

(i) the word medicated shall appear directly following and below the product name in type size no smaller than one half the type size of the product name.

(ii) Purpose Statement as is required under paragraph (c).

(iii) the purpose of medication (indications for use).

(iv) an active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with these regulations

(c) Purpose Statement-

(i) The statement of purpose shall contain the specific species and animal class (es) for which the feed is intended.

(ii) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, specie and purpose while being consistent with the category of animal class defined in the regulations, which may include, but not limited to, the weight range(s), sex or ages of the

animal(s) for which the feed is manufactured.

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(iii) The purpose statement may be excluded from the label if the product name includes a description of the species and animal class (es) for which the product is intended.

(iv) The indication for animal class (es) and specie(s) is not required on single ingredient feed if the ingredient is not intended, represented, or defined for a specific animal class (es) or specie(s).

(v) A purpose statement of a premix for the manufacture of commercial feed may state For the Manufacture of Commercial Feed if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds.

(vi) The purpose statement of single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may state For Further Manufacturing of Feed if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds. (d) in the case of a feed not required to be registered, the name and address of the person who manufactured the feed or caused it to be manufactured; (e) in the case of a feed required to be registered, the name and address of the registrant; (f) the name of the feed in accordance with section 20; (g) the registration number, where applicable; (h) the net amount(i) expressed as the number of units in a package, in the case of a package of feed containing individual feeding forms, or
109

(ii) expressed as the mass or volume in the package or shipment, in the case of any other package or bulk shipment of feed; (i) an accurate statement of the guaranteed analysis in respect of the feed; (j) subject to these regulations, directions for use in sufficient detail to permit the safe and effective use of the feed for its intended purpose by users with no special knowledge of the purpose and use of the feed; (k) subject to paragraph (j), the name of each ingredient in the feed or the statement "a list of the ingredients used in this feed may be obtained from the manufacturer or registrant" (l) the name of each ingredient in the feed if the feed is required to comply with the guarantees stipulated in these regulations; (m) if the feed contains a medicating ingredient and is in a form other than a mash, the particular form of the feed; (n) an identification code, in the case of a micro-premix feed or a feed designed to replace whole milk in the ration of the animal; (o) in the case of a consultant formula feed, the name and address of the specific purchaser for whom the feed was manufactured; and (p) any other information, notes, caution statements or warning the Director may specify taking into account that such statements or warnings are necessary to convey useful information to the purchaser of the feed. (q) a batch number, (r) name of feedstuff and its expiry date (s) energy, crude protein, fibre and fat (or oil). 6 (1) Where the feed is locally manufactured or imported there shall be

attached to it or to a package containing it or, if the feed is shipped in bulk, to

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or on the invoice, shipping bill or statement delivered to the purchaser with the shipment, a label containing the following information(a) when in packages, have on at least one package in each lot a label showing the name of the supplier of the formula, the name of the feed in accordance with section 21, the net mass of individual packages of the feed and the number of packages in the lot; and (b) when in bulk, have on the shipping bill or statement accompanying the shipment, the name and address of the supplier of the formula, the name of the feed in accordance with section 32 and the net mass of the feed in the shipment. (2) Regulation 6(2) does not apply to a customer formula feed if the feed is manufactured by an animal feeder and is used for feeding to his own animal. 7. In addition to the labelling requirements prescribed in the foregoing regulations of this Schedule, a single ingredient feed shall be labelled in accordance with the labelling requirements set out for that feed in these regulations; 8. Where any reference, direct or indirect, is made on a label or container to the place of manufacture of the label or container and not to the place of manufacture of the feed, the reference shall be accompanied by an additional statement indicating that the place of manufacture refers only to the label or container; 9. Where a feed that is manufactured or produced and labelled in a country other than Kenya has applied to it a label that shows the identity and principal place of business of the person in Kenya for whom the feed was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words "imported by" or by the words "imported for. unless the geographic origin of the product is stated on the label.

111

10. No statement shall be made on the label of a feed indicating that such feed has been biologically tested unless(a) the feed has been biologically tested using scientifically acceptable test methodology; (b) the results of such tests support any claim contained in the statement or any claim implied by the statement; and (c) evidence that such tests have been made and the results of such tests have been supplied to the Director for assessment or evaluation. 11(1) Any information required to be shown on the label of a feed shall be printed conspicuously, legibly and indelibly in English. (2) Subject to subsection (3) and unless otherwise authorized by the Director, any information that is required to be shown on a label shall appear on the main panel of the package label or, where the package contains less than 5 kg., on the surface of the package. (3) Any directions for use required to be shown on a label may refer to an insert containing detailed directions for use if such an insert is enclosed within the package that bears the label. What a label shall not contain 12. A label on feedstuff package or container shall not contain(a) any variation in the character, size, colour or placing of the printing that obscures or emphasizes any part of the information required to be shown on that label unless such variation is to draw attention to the caution statements or warning statements required to be shown on the label; (b) any incorrect or misleading information or mark; (c) any claim for a mixed feed or any ingredient in the feed unless evidence has been assessed or evaluated and has been found to support the claim; or
112

(d) any claim for a single ingredient feed unless evidence has been assessed or evaluated and has been found to support the claim. 13. The label for a feed shall not show a guarantee for a nutrient that is not required to be guaranteed unless(a) the amount of the nutrient guaranteed is such that, when used as directed, the complete diet including the feed will supply at least the minimum generally accepted requirements for that nutrient for the intended class of animal; and (b) the guarantee is approved in writing by the Director as conveying useful information to the feed purchaser. Guaranteed Analysis

14(a) Crude Protein, Non-Protein Nitrogen, Amino Acids, Crude Fat, Crude Fiber, Acid Detergent Fiber, Calcium, Phosphorus, Salt and Sodium shall be the sequence of nutritional guarantees when such guarantee is required.

b. Other required and voluntary guarantees should follow in a general format such that the units of measurement used to express guarantees (percentage, parts per million, International Units, etc.) are listed in a sequence which provides a consistent grouping of the units of measure.

15. Feed Ingredients

16. Directions for use and precautionary statements.

17. Name and principal address of the person responsible for manufacture and distribution of the feed.

18. Quantity Statement

19. Guaranteed Analysis

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Table for Guaranteed Analysis for various feedstuffs

1. For starter pigs weighing 5 to 20 kg Guaranteed Analysis Crude Protein (Min)..................................................................... 20% Lysine (Min)..............................................................................1.2% Crude Fat (Min).............................................................................4% Crude Fiber (Max)..........................................................................4% Calcium (Min)............................................................................0.8% Calcium (Max)...........................................................................1.3% Phosphorus (Min)................................................................... 0.65% Salt (Min)................................................................................0.35% Salt (Max)...............................................................................0.50% Selenium (Min)................................................................. 0.3 ppm

Zinc (Min)............................................................................150 ppm

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Dried Whey, Lignin Sulfonate, Animal Fat, Vitamin A Supplement-Activated Animal Sterol (source of Vitamin D3), L-Lysine, Riboflavin Supplement, Choline Chloride, Biotin, Thiamine Mononitrate, Pyridoxine Hydrochloride, Vitamin E Supplement, Vitamin B12 Supplement,Menadione Sodium Bisulfite Complex (Source of Vitamin K Activity),Folic Acid, Ethoxyquin (a preservative),Ground Limestone, Dicalcium Phosphate, Salt, Copper Sulfate, Manganous Oxide, Zinc Oxide, Ferrous Sulfate, Cobalt Carbonate, Calcium Iodate, Sodium Selenite.

Feeding directions:

Feed as the complete ration to starter pigs weighing 5 to 20 kg.

114

2. Medicated

For starter pigs weighing 5 to 20 kg.

Administer to swine in a complete feed for reduction of the incidence of cervical abscesses; treatment of bacterial swine enteritis (Salmonellosis or necrotic enteritis caused by Salmonella choleraesuis and vibrionic dysentery); maintenance of weight gains in the presence of atrophic rhinitis; increased rate of weight gain and improved feed efficiency from 4.5 kg body weight up to six weeks post-weaning for swine raised in confinement (dry lot) or on limited pasture.

Active Drug Ingredients

Chlortetracycline ................................................................ 100 g/ton Sulfathiazole.......................................................................100 g/ton Penicillin (from Procaine Penicillin)............................................ 50 g/ton

Guaranteed Analysis

Crude Protein (Min)......................................................................20% Lysine (Min)..............................................................................1.2% Crude Fat (Min)............................................................................ 4% Crude Fiber (Max)..........................................................................4% Calcium (Min)............................................................................0.8% Calcium (Max)............................................................................1.3% Phosphorus (Min).......................................................................0.65% Salt (Min)................................................................................0.35% Salt (Max)...............................................................................0.50% Selenium (Min)......................................................................0.3 ppm Zinc (Min)............................................................................150 ppm
115

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Dried Whey, Lignin Sulfonate, Animal Fat, Vitamin A Supplement-Activated Animal Sterol (source of Vitamin D3)L-Lysine, Riboflavin Supplement, Choline Chloride, Biotin, Thiamine Mononitrate, Pyridoxine Hydrochloride, Vitamin E Supplement, Menadione Sodium Bisulfite Complex (source of Vitamin K Activity),Folic Acid, Ethoxyquin (a preservative),Ground Limestone, Dicalcium Phosphate, Salt, Copper Sulfate, Manganous Oxide, Zinc Oxide, Ferrous Sulfate, Cobalt Carbonate, Calcium Iodate, Sodium Selenite.

Feeding directions: Feed as the sole ration to pigs weighing 5 to 20 Kg. WARNING: Withdraw 7 days prior to slaughter. CAUTION: In order to obtain the desired performance results, the animals should be self fed.

3. Complete feed for laying chickens

Guaranteed Analysis

Crude Protein (min)...................................................................15.0% Lysine (min).............................................................................0.65% Methionine (min).......................................................................0.35% Crude Fat (min)..........................................................................3.0% Crude Fiber (max).......................................................................3.5% Calcium (min)............................................................................3.4% Calcium (max)...........................................................................4.4% Phosphorus (min)........................................................................0.6% Salt (min).............................................................................. 0.35% Salt (max)...............................................................................0.50%
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Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Animal Protein Products, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Riboflavin Supplement, Niacin Supplement, Calcium Pantothenate, Choline Chloride, Folic Acid,Menadione Sodium Bisulfite Complex (Source of Vitamin K Activity),DL-Methionine, Potassium Sulfate, Calcium Carbonate, Salt, Manganous Oxide, Ferrous Sulfate, Copper Oxide, Zinc Oxide, Ethylenediamine Dihydriodide, Sodium Selenite.

Feeding directions:

This is a complete and balanced ration. Feed Layer Feed from time first egg is laid throughout the time of egg production. Always provide plenty of fresh water.

4. Feed for beef cattle on pasture

Guaranteed Analysis Crude Protein (Min)................................................................. 12.0% (This includes not more than 2.9%equivalent crude protein from non-protein nitrogen.) Crude Fat (Min)..........................................................................2.0% Crude Fiber (Max)................................................................... 10.0%

Calcium (Min)........................................................................... 0.5% Calcium (Max)............................................................................1.0% Phosphorus (Min)...................................................................... 0.5% Salt (Min).............................................................................. 11.0% Salt (Max)............................................................................ 13.2%

Potassium (Min)........................................................................ 0.4% Vitamin A (Min).............................................................

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22,000 IU/kg

Ingredient Statement

Grain Products, Plant Protein Products, Molasses Products, Processed Grain ByProducts, Urea, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Calcium Carbonate,Monocalcium Phosphate,Salt,Manganous Oxide, Ferrous Sulfate, Copper Oxide, Magnesium Oxide, Zinc Oxide, Cobalt Carbonate,Ethylenediamine Dihydriodide, Potassium Chloride.

Feeding directions:

Self-feed to beef cattle on pasture. Feed 1.8 -2.7 kilogrammes per head per day as a pasture extender. Provide plenty of fresh, clean water at all times.

5. Mineral feed for beef cattle on pasture

Guaranteed Analysis Calcium (Min)...........................................................................11.0% Calcium (Max).......................................................................... 13.0% Phosphorus (Min)........................................................................ 6.0% Salt (Min)................................................................................20.0% Salt (Max)............................................................................... 22.0% Magnesium (Min)....................................................................... 1.0% Potassium (Min)......................................................................... 2.0% Copper (Min)................................................................... Selenium (Min)..................................................................... Zinc (Min).................................................................. Vitamin A (Min)...................................................... 460 ppm 9 ppm 2300 ppm 220,000 IU/Kg

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Ingredient Statement

Dicalcium Phosphate, Monocalcium Phosphate, Salt, Calcium Carbonate, Magnesium Mica, Barley Distillers Dried Grains with Solubles, Cane Molasses, Manganous Oxide, Ferrous Sulfate, Copper Oxide, Magnesium Oxide, Zinc Oxide, Ethylenediamine Dihydriodide, Cobalt Carbonate, Iron Oxide, Sodium Selenite, Animal Fat, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Copper Sulfate, Manganese Sulfate, Petrolatum, Mineral Oil.

Feeding directions:

This mineral should be fed in dry, wind-free, rain-protected feeders. Place near a water source where animals gather. Provide fresh, clean water at all times. Feed to beef cattle on pasture at the rate of 0.1kg/hd/day.

6. A milk replacer to be fed to herd replacement calves.

Guaranteed Analysis Crude Protein (Min)................................................................ 22.0%

Crude Fat (Min)......................................................................... 20% Crude Fiber (Max)................................................................. Calcium (Min)....................................................................... 0.15% 0.75%

Calcium (Max)............................................................................1.2% Phosphorus (Min).......................................................................0.65% Vitamin A (Min)................................................................77,000 IU/kg

Ingredients

Dried Skimmed Milk, Whey, Dried Milk Protein, Animal Fat preserved with BHA, Dried Whey Products, Lecithin, Vitamin A Acetate, D-activated Animal Sterol (source of vitamin D3), Vitamin E Supplement, Vitamin B12 Supplement,
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Riboflavin,

Calcium

Pantothenate,Niacin

Supplement,

Choline

Chloride,

Menadione Sodium Bisulfite Complex, Thiamine Mononitrate, Pyridoxine Hydrochloride, Folic Acid, Biotin, Ascorbic Acid, Ethylenediamine Dihydriodide, Sodium Selenite, Cobalt Sulfate, Copper Sulfate, Ferrous Sulfate, Manganous Sulfate, Magnesium Oxide, Zinc Sulfate, Sodium Silico Aluminate, Natural and Artificial Flavors.

Feeding directions:

No whole milk is required after the Colostrum feeding period when calf milk replacer is used. It is recommended to mix milk replacer with warm water (100-120F) and feed TWICE DAILY. Feed depending on size and age of calf. 200g. of dry powder mixed with 2.5 litres of water (100-120) twice a day.

For Best Results: Provide starter (grain mix) for calves when they are about 1 week of age and feed free choice up to 1.8 kg. per day. For herd replacement calves, milk feeding can be discontinued when animals are about 6 to 7 weeks of age. However; a longer feeding period is recommended for small and poor performing calves.

7. Grain ration for lactating dairy cattle

Guaranteed Analysis

Crude Protein (min)...................................................................16.0% (This includes not more than 3.5%equivalent crude protein from non-protein nitrogen) Crude Fat (min)..........................................................................2.5% Crude Fiber (max).......................................................................8.0% Acid Detergent Fiber (ADF) (max)...................................................14.0% Calcium (min)............................................................................1.0% Calcium (max)...........................................................................1.5%
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Phosphorus (min).......................................................................0.75% Selenium (min)......................................................................0.2 ppm Vitamin A (min)...............................................................15,400 IU/Kg

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Dicalcium Phosphate, Forage Products, Molasses Products, Urea, Mineral Oil, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Ethoxyquin (a preservative),Hemicellulose Extract,DL-Methionine, Calcium Carbonate, Salt, Manganous Oxide, Magnesium Oxide, Ferrous Sulphate, Copper Oxide, Zinc Oxide, Potassium Chloride, Calcium Sulfate, Ethylenediamine Dihydriodide, Potassium Sulfate, Sodium Selenite, Natural and Artificial Flavors

Feeding directions:

Feed 7.5 kg per head per day to a 545 kg cow. Feed 8.5 kg per head per day to a 630 kg cow. Do not exceed 50%of the total dry matter intake from this feed.

8. Mixing mineral for lactating dairy cattle

Guaranteed Analysis

Calcium (min)............................................................................9.1% Calcium (max)..........................................................................10.9% Phosphorus (min)........................................................................3.2% Salt (min)................................................................................11.2% Salt (max)...............................................................................13.4% Sodium (min)...........................................................................12.0% Sodium (max)...........................................................................13.0% Magnesium (min)........................................................................4.0%
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Potassium (min).........................................................................1.0% Selenium (min).........................................................................4 ppm Vitamin A (min)..............................................................220,000 IU/kg

Ingredient Statement

Ground Limestone, Dicalcium Phosphate, Magnesium-Mica, Salt, Sodium Bicarbonate, Magnesium Oxide, Corn Distillers Dried Grains, Potassium Chloride, Magnesium Sulfate, Animal Fat, Sulfur, Dried Extracted Streptomyces

Fermentation Solubles, Zinc Oxide, Manganous Oxide, Active Dry Yeast, Ferrous Carbonate, Vitamin A Supplement ,Vitamin D3 Supplement, Vitamin E Supplement, Calcium Carbonate, Ferrous Sulfate, Copper Oxide, Calcium Sulfate, Ethylenediamine Dihydriodide, Cobalt Carbonate, Potassium Sulfate, Sodium Selenite.

Feeding directions:

Feed at a rate of 200g per lactating cow mixed with concentrate or total ration when the roughage is a combination of alfalfa hay and corn or small grain silage. Mix 22.5 kg per ton of grain for animals consuming 9kg of grain per day.

9. Mixing mineral for lactating dairy cattle

Guaranteed Analysis

Calcium (min)...........................................................................16.5% Calcium (max)..........................................................................17.0% Phosphorus (min)........................................................................4.5% Salt (min).................................................................................5.5% Salt (max).................................................................................6.5% Magnesium (min)........................................................................5.5% Potassium (min).........................................................................6.6%
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Selenium (min)......................................................................3.0 ppm Vitamin A (min)..............................................................253,000 IU/kg

Ingredient Statement

Dicalcium Phosphate, Monocalcium Phosphate, Calcium Carbonate, Sodium Bicarbonate, Potassium Chloride, Salt, Cane Molasses, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Vitamin B12 Supplement, Riboflavin Supplement, Niacin Supplement, Choline Chloride, Folic Acid, Ethoxyquin (a preservative),Calcium Pantothenate, Menadione Sodium Bisulfite Complex, Zinc Oxide, Manganous Oxide, Magnesium Oxide, Potassium Chloride, Iron Oxide, Copper Oxide, Ferrous Sulfate, Cobalt Carbonate, Ethylenediamine Dihydriodide, Sodium Selenite, Yeast Culture, Natural and Artificial Flavors.

Feeding directions:

Mix this product with grains, sources of protein, and other concentrates to prepare complete concentrated mixes for lactating dairy cows. Feed

approximately 700g .of Dairy Mixing Mineral on a daily basis. A minimum of 700g .of forage dry matter per 45 kg. body weight should be fed per cow per day. Provide plain white stock salt on a free-choice basis.

10.

HORSE FEED FOR MAINTENANCE OF MATURE HORSES

Guaranteed Analysis

Crude Protein (Min)....................................................................12.0% Crude Fat (Min)..........................................................................3.0% Crude Fiber (Max)......................................................................12.0% Calcium (Min)............................................................................1.0% Calcium (Max)............................................................................1.5% Phosphorus (Min)........................................................................1.0%
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Copper (Min)..........................................................................20 ppm Selenium (Min).....................................................................0.20 ppm Zinc (Min).............................................................................40 ppm Vitamin A (Min).................................................................4,400 IU/kg

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Molasses Products, Roughage Products, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Vitamin B12 Supplement, Riboflavin Supplement, Pyridoxine Hydrochloride, Folic Acid,Biotin,Thiamine,Calcium

Carbonate,Salt,Dicalcium Phosphate,Manganous Oxide, Ferrous Sulfate, Copper Oxide, Magnesium Oxide, Zinc Oxide,Ethylenediamine Dihydriodide,Cobalt Carbonate, Potassium Chloride.

FEEDING DIRECTIONS: Feed 200g of feed per 45kg of body weight for the maintenance of mature horses. Feed good, clean hay at the rate of 400 600g per 45 kg body weight daily. Provide fresh, clean water at all times, except to hot, tired horses.

Important: Feed hay along with this ration, as per directions.

11.

MINERAL SUPPLEMENT FOR ALL HORSES

Guaranteed Analysis Calcium (Min)............................................................................2.0% Calcium (Max)..........................................................................14.0% Phosphorus (Min).......................................................................12.0% Salt (Min).................................................................................4.5% Salt (Max).................................................................................5.5% Copper (Min)......................................................................860.0 ppm Selenium (Min).....................................................................36.0 ppm
124

Zinc (Min).......................................................................3,400.0 ppm Vitamin A (Min)...............................................................176,000 IU/kg

Ingredient Statement

Calcium Carbonate,Defluorinated Phosphate,Salt,Animal Fat (Preserved with Ethoxyquin),Iron Oxide, Vitamin A Supplement, Magnesium Oxide, Sodium Selenite, Cobalt Carbonate,Manganous Oxide, Calcium Iodate,Ferrous

Carbonate, Copper Sulfate, Zinc Oxide, Molasses Products, Processed Grain ByProducts.

FEEDING DIRECTIONS: Feed free-choice in covered feeders to provide approximately 50g per head per day throughout the year. Important: Feed white salt block free-choice separately. Supply ample clean water near the feeding area.

12.

FEED FOR BEEF CATTLE ON PASTURE AND FOR MAINTENANCE OF MATURE HORSES

Guaranteed Analysis

Crude Protein (Min)....................................................................20.0% Crude Fat (Min)..........................................................................3.0% Crude Fiber (Max)......................................................................19.0% Calcium (Min)............................................................................2.0% Calcium (Max)............................................................................2.5% Phosphorus (Min)........................................................................0.5% Salt (Min).................................................................................1.5% Salt (Max).................................................................................2.0% Potassium (Min)..........................................................................1.0% Copper (Min)..........................................................................20 ppm
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Selenium (Min).....................................................................0.55 ppm Zinc (Min)............................................................................100 ppm Vitamin A (Min)............................................................. 11,000 IU/kg

Ingredient Statement

Plant Protein Products, Forage Products,25%Roughage Products, Processed Grain By-Products, Cane Molasses, Dicalcium Phosphate, Ground Limestone, Grain Products, Salt, Vitamin A Supplement-Activated Animal Sterol (Source of Vitamin D3),Vitamin E Supplement, Dicalcium Phosphate, Copper Oxide, Cobalt Carbonate, Manganous Oxide, Ferrous Carbonate, Ethylenediamine

Dihydriodide, Sodium Selenite, Zinc Oxide, Ferrous Sulfate, Copper Sulfate, Cobalt Sulfate, Zinc Sulfate, Magnesium Sulfate, Manganese Sulfate and Potassium Chloride.

FEEDING DIRECTIONS:

Cattle: Feed from 450g to 1.8kg per head per day depending on condition of roughage fed. Horses: For horses on pasture, feed 450g to 900g per head daily.

13.

FEED FOR GROWING AND FINISHING SHEEP

Guaranteed Analysis

Crude Protein (Min)...................................................................15.0% (This includes not more than 1.25%equivalent crude protein from non-protein nitrogen) Crude Fat (Min).........................................................................2.0% Crude Fiber (Max)....................................................................10.0% Calcium (Min)...........................................................................1.0% Calcium (Max)..........................................................................1.5%
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Phosphorus (Min).....................................................................0.35% Salt (Min).................................................................................0.2% Salt (Max).................................................................................0.5% Selenium (Min)......................................................................0.3 ppm Vitamin A (Min)................................................................17,050 IU/kg

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products,7% Roughage Products, Dehydrated Alfalfa Meal, Cane Molasses, Ammonium Chloride, Vitamin A Acetate, Vitamin D3 Supplement, Vitamin E Supplement, Calcium Carbonate, Dicalcium Phosphate, Monocalcium Phosphate, Salt, Natural and Artificial Flavors, Manganous Oxide, Ferrous Sulfate, Magnesium Oxide, Zinc Oxide, Cobalt Carbonate, Potassium Iodide, Sodium Selenite, Sodium Molybdate.

FEEDING DIRECTIONS:

Feed to growing and finishing sheep at a rate of 700g to 1.2kg per head per day. Adequate roughage should be available at all times.

14.

FEED FOR MATURE BREEDER GOATS ON RANGE

Guaranteed Analysis

Crude Protein (Min)....................................................................15.0% (This includes not more than 1.0%equivalent crude protein from non-protein nitrogen) Crude Fat (Min)..........................................................................2.0% Crude Fiber (Max)......................................................................10.0% Calcium (Min)............................................................................1.0% Calcium (Max)............................................................................1.5%
127

Phosphorus (Min).......................................................................0.35% Salt (Min)................................................................................0.75% Salt (Max).................................................................................1.0% Copper (Min)..........................................................................15 ppm Copper (Max).........................................................................30 ppm Selenium (Min)......................................................................0.3 ppm Vitamin A (Min)................................................................17,050 IU/Kg

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products,15% Roughage Products ,Dehydrated Alfalfa Meal, Cane Molasses, Ammonium Chloride, Vitamin A Acetate, Vitamin D3 Supplement, Vitamin E Supplement, Calcium Carbonate, Dicalcium Phosphate, Monocalcium Phosphate, Salt, Natural and Artificial Flavors, Manganous Oxide, Ferrous Sulfate, Copper Sulfate, Magnesium Oxide, Zinc Oxide, Ethylenediamine Dihydriodide, Cobalt Carbonate, Potassium Chloride, Sodium Selenite.

CAUTION: Use as Directed. Do not feed to sheep. Product contains levels of copper that may be harmful to sheep.

Feeding directions:

Feed to goats as a supplement to native range. Adequate roughage should be available at all times. Feed daily 700g to 1.1 kg per head to mature goats, depending on range conditions.

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15.

DUCK FEED FOR BREEDER DUCKS (22 WEEKS TO END OF LAY)

Guaranteed Analysis

Crude Protein (Min)....................................................................17.0% Crude Fat (Min)..........................................................................3.0% Crude Fiber (Max).......................................................................6.0% Calcium (Min)............................................................................2.3% Calcium (Max)............................................................................2.8% Phosphorus (Min)........................................................................0.7% Salt (Min).................................................................................0.2% Salt (Max).................................................................................0.7%

Ingredient Statement

Grain Products, Plant Protein Products, Processed Grain By-Products, Animal Protein Products, Dehydrated Alfalfa Meal, Ground Limestone, Dicalcium Phosphate, Salt, DL-Methionine, L-Lysine, Vitamin A Supplement, D-Activated Animal Sterol (source of Vitamin D3),Riboflavin, Niacin, Choline Chloride, Calcium Pantothenate, Vitamin B12 Supplement, Biotin, Folic Acid, Pyridoxine Hydrochloride, Vitamin E Supplement, Menadione Dimethylpyrimidinol Bisulfite (Source of Vitamin K Activity), Manganous Oxide, Ferrous Sulfate, Zinc Oxide, Copper Sulphate, Potassium Iodide and Sodium Selenite.

Feeding directions:

Feed Blue Bird Duck Feed as a sole ration to laying ducks. Feed according to production and always provide a plentiful source of clean, fresh water.

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16.

FISH FEEDS

Animal Species shall be declared in lieu of animal class 1. Trout 2. Catfish 3. Species other than trout or catfish

SINKING TROUT PELLET

Guaranteed Analysis

Crude Protein (Min)......................................................................42% Crude Fat (Min)...........................................................................13% Crude Fiber (Max)..........................................................................4% Phosphorus (Min).......................................................................0.60%

Ingredient Statement

Fish Meal, Soybean Meal, Feather Meal, Wheat Flour, Fish Oil,Lecithin,Lascorbyl-2-polyphosphate,Choline Chloride, Biotin, Folic Acid, Niacin

Supplement, d-Calcium Pantothenate, Pyridoxine Hydrochloride, Riboflavin Supplement, Thiamine Mononitrate, Vitamin B12 Supplement, Vitamin A Supplement, Vitamin D3 Supplement, Vitamin E Supplement, Menadione Sodium Bisulfite Complex (source of Vitamin K Activity),Manganese Sulphate, Copper Sulphate, Potassium Iodate, Sodium Selenite, Zinc Sulphate, Ethoxyquin (a preservative),Lignin Sulfonate.

FEEDING DIRECTIONS: Feed as a complete ration for trout.

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17.

RABBIT FEEDS

A RATION FOR GROWER RABBITS

Guaranteed Analysis

Crude Protein (Min)....................................................................16.0%

Crude Fat (Min)..........................................................................2.0%

Crude Fiber (Min)......................................................................11.0%

Crude Fiber (Max)......................................................................16.0%

Calcium (Min)...........................................................................1.15%

Calcium (Max).........................................................................1.40%

Phosphorus (Min).......................................................................0.85%

Salt (Min)................................................................................0.85%

Salt (Max)...............................................................................1.15%

Vitamin A (Min).................................................................4,400 IU/kg

Ingredient Statement

Grain Products, Forage Products, Plant Protein Products, 10%Roughage Products, Calcium Carbonate, Molasses Products, Monocalcium Phosphate, Dicalcium

Phosphate, Salt, Choline Chloride, Manganous Oxide, Zinc Oxide, Ferrous

131

Carbonate, Niacin, d-Calcium Pantothenate, Copper Sulphate, Vitamin A Supplement, Riboflavin, Vitamin B12 Supplement, D-Activated Animal Sterol, Vitamin E Supplement, Calcium Iodate, Cobalt Sulfate, Ethoxyquin (a preservative),Folic Acid, Artificial Flavour.

FEEDING DIRECTIONS:

Designed to be fed free choice to grower rabbits. Additional hay not needed. Animals should have access to clean water and salt at all times.

18.

WILDLIFE WHOLE SEED AND WHOLE GRAIN

Example 1: Whole grains and seeds under 20 ppb aflatoxin.

MAIZE Guaranteed Analysis Crude Protein (min).....................................................................7.0% Crude Fat (min)..........................................................................3.0% Crude Fiber (max).......................................................................3.0%

Guaranteed By:

Example 2: Whole grains and seeds labeled less than 50 ppb aflatoxin.

MAIZE This product contains less than 50 ppb aflatoxin. To be fed to wildlife.

Guaranteed Analysis Crude Protein (min).....................................................................7.0% Crude Fat (min)..........................................................................3.0% Crude Fiber (max).......................................................................3.0%

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WARNING: May not be fed to lactating dairy cattle. Not for human use.

19.

A RATION FOR OSTRICH

Guaranteed Analysis

Crude Protein (Min)....................................................................17.0%

Crude Fat (Min)..........................................................................3.0%

Crude Fiber (Max)......................................................................15.0%

Calcium (Min)............................................................................0.8%

Calcium (Max)............................................................................1.0%

Phosphorus (Min)........................................................................0.8%

Salt (Min).................................................................................0.2%

Salt (Max).................................................................................0.5%

Ingredient Statement

Dehydrated Alfalfa Meal, Ground Corn, Soybean Meal, Whole Extruded Soybeans, Fish Meal, Pork &Bone Meal, Corn Gluten Meal, Corn Chops, Wheat Middlings, Dry Whey, Brewers Dried Yeast, Yeast Culture, Rice Bran, Dried Enterococcus faecium Fermentation Product, Dried Lactobacillus acidophilus Fermentation Product, Dried Lactobacillus bulgaricus Fermentation Product, Dried Bacillus subtilis Fermentation Product, Dried Aspergillus oryzae

Fermentation Extract, Dried Milk Protein, Lecithin, Wheat Germ Oil, Soybean Oil, DL-Methionine, L-Lysine, Vitamin A Supplement, Vitamin D3 Supplement,
133

Vitamin E Supplement, Choline Chloride, Riboflavin Supplement, Niacin, Calcium Pantothenate, Thiamine Mononitrate, Folic Acid, Pyridoxine

Hydrochloride, Vitamin B12 Supplement, Menadione Sodium Bisulfite Complex (source of Vitamin K Activity), Monosodium Phosphate, Dicalcium Phosphate, Calcium Carbonate, Potassium Sulfate, Salt, Magnesium Oxide, Magnesium Sulfate.

Feeding directions:

Feed Standard free choice to adult birds. Average Daily Consumption: Ostrich (450 g per 18 kg body weight).

NOTE: Provide plenty of fresh, clean water at all times. Keep feed fresh in cool, dry Storage. DO NOT use feed that is old, molded or insect contaminated.

20.

SCRATCH FEED

A GRAIN MIXTURE FOR POULTRY

Guaranteed Analysis Crude Protein (min).....................................................................9.0% Crude Fat (min)..........................................................................3.0% Crude Fiber (max).......................................................................5.0%

Ingredient Statement

Corn, Wheat, Grain Sorghum

Feeding directions:

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Feed free choice as a source of grain to chickens. This feed is not a complete feed and additional supplementation is required.

21.

VITAMIN/MINERAL PREMIX, BASE MIX, ETC.

A commercial feed intended to provide a specialized nutritional source for use in the manufacture of other feeds must state its intended purpose and guarantee those nutrients relevant to such stated purpose.

VITAMIN TRACE MINERAL PREMIX FOR THE MANUFACTURE OF COMMERCIAL FEED

Guaranteed Analysis

Calcium (Min)............................................................................3.0% Calcium (Max)...........................................................................4.0% Manganese (Min).......................................................................0.41% Zinc (Min)...............................................................................9.20% Iron (Min)................................................................................1.65% Magnesium (Min).......................................................................2.30% Potassium (Min)........................................................................6.35% Copper (Min)......................................................................3,500 ppm Cobalt (Min).........................................................................300 ppm Iodine (Min).......................................................................1,900 ppm Selenium (Min)......................................................................126 ppm Vitamin A (min)..........................................................12,276,000 IU/kg Vitamin D3 (min)..........................................................3,680,600 IU/kg Vitamin E (min).................................................................8,228 IU/kg

Ingredient Statement

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Calcium Carbonate, Zinc Sulphate, Magnesium Sulphate, Potassium Chloride, Ferrous Sulphate, Vitamin A Supplement, D-Activated Animal Sterol (A Source of Vitamin D3),Vitamin E Supplement, Copper Sulphate, Manganese Sulphate, Sodium Selenite, Ethylenediamine Dihydriodide and Cobalt Sulfate.

CAUTION: Levels of selenium greater than 0.3 ppm in finished feed are prohibited. Follow label directions. The addition to feed of higher levels of this premix containing selenium is not permitted. Maximum use level of this product is 4.75 pounds per ton of finished feed.

DIRECTIONS: Use as required to supply adequate levels of vitamins and trace minerals to the finished feed.

22.

RANGE CUBES FOR BEEF CATTLE ON PASTURE

Guaranteed Analysis

Crude Protein (Min).................................................................32.00% (This includes not more than 7.36%equivalent crude protein from non-protein nitrogen) Crude Fat (Min).........................................................................2.00% Crude Fiber (Max)......................................................................9.00%

23.

CANE MOLASSES

Guaranteed Analysis

Total Sugars (as invert) (Min).......................................................46.00%

Brix (Min).................................................................................79.5

Moisture (Max)........................................................................27.00%
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24.

Mycotoxin-Containing Whole Grains/Seeds and Oilseed Meals/ Processed

Grains in Commercial Channels.

Whole Grain/Seed containing above 20 ppb aflatoxin and/or above 5 ppm fumonisin are commercial feeds.

a.

Feeds business operators may introduce aflatoxin-containing ingredients

into commercial channels if the level of aflatoxin does not exceed:

i.50 ppb when designated for wildlife) ii.100 ppb when designated for breeding cattle and goats whose milk is not processed for human use, breeding swine, mature poultry, sheep or goats iii.200 ppb when designated for finishing swine iv.300ppb when designated for finishing cattle

Label must include:

Warning: May not be fed to lactating dairy animals,

b.

Feeds business operators may introduce fumonisin-containing ingredients

into commercial channels if the level of fumonisin does not exceed:

i.5.0 ppm when designated for horses or rabbits ii.10 ppm when designated for all species or classes of livestock or pet animals not specifically mentioned below iii.20 ppm when designated for swine and catfish iv.30 ppm when designated breeding ruminants, breeding poultry, lactating dairy cattle and laying hens v.60 ppm when designated for cattle being fed for slaughter vi.100 ppm when designated for poultry being fed for slaughter Labels must include:
137

Warning: May not be fed to horses or rabbits, Not for human use.

Feed Maize This product contains between 5 and 60 ppm fumonisin. To be fed only to cattle being fed for slaughter and poultry being fed for slaughter. Warning: Do not feed to horses or rabbits. Not for human use.

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STATUTORY DECLARATION OF SUITABILITY

______________________ (Feed Operators Name) Number)

____________________ (Product Name &Code

1.

The

declarant

is

the________________________________of (Title)

___________________-(Name of operator)

and is duly authorized to make and execute this Declaration for and on behalf of the said company.

2. The Declarant has knowledge of the nutritional content of the above listed feed product and is familiar with the nutritional requirements for the animal species and animal class (es) for which the feed product is intended.

3. The Declarant has knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class for which this feed is intended. A copy of the product label is attached to this Declaration.

4, I state that what I have declared above is true to the best of my knowledge and belief and may be taken against me if found or turns out to be untrue or misleading in any way.

_____________________________By (Name of Company)

__________________________________ (Name)

_____________________ (Title) Subscribed and sworn to before me

139

________________________________ (Signature)

Witness to signature ___________________ day of _____________________, 20______ (Name) (Date)

_______________________________________ (Official title and address of witness)

NAMING FEEDS

20 The name of a feed shall be appropriate for the intended use of the feed and shall not be misleading. 21(1) Subject to sub-regulations (2) to (6), every mixed feed designed for a unique species or class of animals shall have as part of the name or in direct association with it the name of the species or class of animal and the purpose for which it is intended. (2) Micro-premixes, facilitating agents, feed preservatives and other feeds that are not designed for unique species or classes of animal shall have as part of the name or in direct association with it a general nutritive classification such as "Vitamin A, D, E Premix" or a general functional classification such as "Antioxidant acceptable to the Director. (3) Where the word "growing" "laying, "breeder" or "reproduction" or other

similar word is used as part of the name of a feed and the feed is intended for chickens, the name is not required to have as part of its name the kind of animal for which it is intended. (4) Where the word "dairy" is used as part of the name of a feed and the feed is intended for lactating dairy cows, the name is not required to have as part of its name the kind of animal for which it is intended.

140

(5) Where a feed is a premix or supplement formulated for a unique species but may be used for more than one purpose, the feed name shall indicate each purpose for which the feed is intended or the feed name shall include the word "Multipurpose" and the directions for use of the feed shall indicate each purpose for which the feed is promoted or intended to be used. (6) Where a feed is a mineral feed, the feed shall have as part of its name or in direct association with it the name of each kind of animal for which it is intended. (7) Where a feed is identical as to kind with another feed of the same manufacturer but is guaranteed to contain a different level of protein from the other feed, the brand of the feed shall be different from the brand of the other feed or the percentage of protein content of the feed shall form part of the name of the feed. (8) Where a feed is a micro-premix or a macro-premix, the word "premix" shall form part of the name of the feed and, where a feed is a supplement, the word "supplement" shall form part of the name of the feed. Units of measurements shown on labels

22 All units of measurement shown on a label of a feed shall be expressed in metric measure only in accordance with the [Weights and Measures Act 513.]

Approved animal feedstuffs packaging

23 (1) Approved animal feedstuffs exposed for sale in quantities of 20 kg. or less shall be packed in containers which are of sufficient strength and sufficiently sealed so as to withstand reasonable handling without tearing, bursting or falling open.

141

(2) Each package containing approved animal feedstuffs shall be clean and free from visible indications of contamination, infection and insect infestation.

(3) Each package containing 20kg. or less of an approved animal feedstuff shall be clearly, conspicuously and indelibly marked with or the particulars shown hereunder and bear a securely attached label showing the following particulars-

(a) the name and full postal and business address of the manufacturer or seller;

(b) the name and weight in kilogrammes of the animal feedstuff contained therein;

(c) the guaranteed analysis expressed as a percentage to the first decimal place of each of the constituents for which guarantees are required under this Act.

(d) the date of manufacture or other code or reference figures or letter by which the animal feedstuff may be identified as required under the Feedstuffs Records and Returns Regulations made under this Act.

(4) In the case of sale of approved animal feedstuffs in quantities of less than 20kg, it shall be adequate if the animal feedstuff sold is taken out in the presence of and with the knowledge of the purchaser from a container in which the seller himself bought the animal feedstuff and on which are clearly, conspicuously and indelibly marked the particulars required under rule 3 of these Rules.

(5) Any person who sells approved animal feedstuffs in containers in quantity of 20kg. or more which do not comply with the requirements of these Rules, shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding two months or to both such fine and such imprisonment.

142

(6) Every package of feed that contains from 2 kg to 50 kg of feed shall contain 2 kg, 5 kg, 10 kg, and 20 kg of such feed.

(7) Subsection (6) does not apply to (a) packages of feed shipped to a manufacturer of feed if the feed is not to be resold in those packages; (b) packages that contain a net quantity of 45 kg of crushed or crimped unhulled oats, brewers dried grains, oyster shell, limestone or any feed material purported or commonly considered to be a source of calcium, calcium and grit, phosphorus or phosphorus and calcium; (c) packages used by a retailer for containing feed to be sold in bulk; (d) packages that contain a macro-premix or micro-premix; or (e) packages of feed authorized by the Director to be of a size different from those referred to in subsection (6) in order to facilitate (i) the availability of feed in cases of emergency, (ii) the test marketing of a feed in such package sizes as the manufacturer customarily manufactures and sells, (iii) unit sizing of a package in which the directions for use indicate that the entire contents of the package are to be used to serve as an individual dose or portion or to prepare a lot or batch of feed, or (h) the manufacture and sale of feeds for which industrial equipment is not readily available to package the product in sizes referred to in

subsection (6).

143

SCHEDULE VI

REPUBLIC OF KENYA

GAZETTE NOTICE NO ..

The Animal feedstuffs Act, No. ...of. [Year]

IN EXERCISE of powers conferred by Section 36(2)(d) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Exempt feedstuffs and Deleterious substances) Regulations.

Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Exempt and Deleterious substances) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act

Exemptions

3. The following feedstuffs are exempt from the application of this Act(a) a feed, other than a novel feed, that is imported into Kenya by a governmental, academic or private research establishment for testing or experimental purposes, provided that the importer of the feed (i) has submitted to the Director in writing, before the importation, information pertaining to the location of the test, a complete description of the ingredients in the feed to be tested, the total quantity of feed required to conduct the test
144

and the quantity of each shipment, and the date and port of entry through which the feed is to be imported, and (ii) has received the approval of the Minister for the importation and accepts responsibility for the safe disposal of all animal produced from the feed; (b) a complete feed that is (i) packaged in containers containing not more than 5 kg net mass, and (ii) intended for feeding to animal not intended to be used for the production of food for human consumption. DELETERIOUS SUBSTANCES

4. The following substances are, for the time being, hereby prescribed by the Director as poisonous or deleterious and shall not be registered nor allowed for animal feeding in Kenya under this Act(1) (a) aldrin; (b) carbaryl; (c) Carpathian; (d) D.D.T.; (e) dieldrin; (f) heptachlor; (g) heptachlor epoxide; (h) lindane; (i) malathion; (j) mercury compounds; (k) methoxychlor;
145

(l) toxaphene and (m) mycotoxins aflatoxins, zearalenone, fumonisins etc. (2)(a)(i) fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry;

(ii) fluorine-bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.04% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine; and 0.03% for poultry;

(iii) soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichlorethylene or other chlorinated solvents;

(iv) sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine);

(v) grain, oilseeds, processed grain and oilseed meals containing aflatoxin B1, B2, G1, G2 above 20 parts per billion (ppb) individually or total except that with proper labeling as required under Schedule V as follows:

<50 ppb may be distributed when destined for wildlife;

<100 ppb may be distributed when destined for breeding cattle and breeding goats not used in production of milk for human consumption, breeding swine, mature poultry, and sheep;

<200 ppb may be distributed when destined for finishing swine (more than 45kg. body weight);
146

<300 ppb may be distributed when destined for finishing cattle in confinement;

- grain containing >300 to <500 ppb requires a blending permit to be issued by the Director;

-aflatoxin >500 ppb in grain and >300 ppb in oilseed, processed grain, and oilseed meal may not enter commerce and a record of disposition shall be submitted to the Director for record and action.

(vi) grain, oilseeds, processed grain, and oilseed meal containing fumonisin above 5 parts per million (ppm) except that with proper labeling as is required under Schedule V and targeted for animal species as follows-

<20 ppm for swine and catfish not to exceed50% of diet;

<30 ppm for breeding ruminants and breeding poultry not to exceed 50% of diet;

<60 ppm for ruminants > 3 months old being raised for slaughter not to exceed 50% of diet;

<100 ppm for poultry being raised for slaughter not to exceed 50% of diet;

-all other species or classes of livestock and pet animals <10 ppm not to exceed 50% of diet except equids and rabbits which should not exceed 5 ppm and 20% of diet;

>100 ppm requires a blending permit to be issued by the Director.

(3) All screenings of by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall
147

be ground fine enough or otherwise treated to destroy viability of such weed seeds so that the finished product contains no viable prohibited noxious weed seeds and not more than 1109 viable restricted weed seeds kg., and not more than 220 of other weed seeds per kg.

(4) The Director may require evidence satisfactory to the provision of:

(a) the safety of any commercial feed if such feed includes ingredients not approved by the Director under the provisions of this Act; or

(b) the efficacy of any commercial feed when such feeds do not meet minimum standards of nutrition for the targeted animal as set forth by the Director.

148

SCHEDULE VII

REPUBLIC OF KENYA

GAZETTE NOTICE NO ..

The Animal feedstuffs Act, No. ...of. [Year]

IN EXERCISE of powers conferred by Section 36(2)(n) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Feedstuffs Approved in Kenya) Regulations. Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Feeds Approved in Kenya) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act.

3. The Minister may, by notice in the Gazette, add to or remove from this Schedule feedstuffs that are approved or rejected, as the case may be, for animal feeding in Kenya.

Approved animal feedstuff

4(1) The animal feedstuffs specified in the first column of Part 1 of the Schedule immediately attached hereto and having the implied definitions shown in the second column of Part 1 of the said Schedule and having the characteristics specified in part II of the said Schedule, are, for the time being approved by the Minister149

(2) For the avoidance of any doubt, an animal feedstuff shall be deemed to have complied with the requirements of the guaranteed analysis if it is not deficient in any part of its ingredients within the limits of variation specified in Part II of this Schedule. PART I

Animal Feedstuff

Implied Definition

Alfalfa (Lucerne) Meal Alfalfa (Lucerne), as grown, dried and ground, to which no other matter has been added.

Barley.......................

Commercially pure barley, as grown.

Barley meal ..................

The meal obtained by grinding barley, as grown, which shall be the whole grain together

with only other substance as may reasonably be expected to have become associated with the grain in the field and which contains not less than 96% pure barley.

Barley meal, Grade II ........ The meal, other than barley meal as defined, contained by grinding barley, as grown, which shall be the whole grain together with only such other

substances as may reasonably be expected to have become associated with the grain in the field and which contains not less than 90% pure barley.

Bean meal .................... The meal obtained by grinding commercially pure beans of the species (1) Vicia faba (synonym Faba vulgaris) or any of its varieties, commonly known as horse bean", "field bean", or broad bean", or (2)
150

Phaseolus vulgaris the "true haricot bean" or any of its varieties, white or coloured, or (3) Dolichos lablab, the dolichos, lablab or njahi bean or(4)Stizolobium or Mucuna pruriens, the velvet beans.

Cassava ........................The commercially pure dried peeled root of the cassava plant.

Cassava meal ..................The meal obtained by grinding the commercially pure dried peeled root of cassava.

Clover meal .................... Whole clover, as grown, dried and ground to which no other matter has been added.

Compound cakes..................Cake or meals consisting of a mixture of two or more of the articles mentioned in column 1.

Cotton cakes or meals not decorticated .................... The residue resulting from the removal of oil from commercially pure cotton seed, not decorticated.

Cotton cakes or meals from decorticated or partly decorticated cotton seed ........The residue resulting from the removal of oil from commercially pure cotton seed from which the cortex, in whole or in part, has been removed.

Dried brewery grains ............The article produced by drying the residue of malted and unmalted cereals used in brewing, to which no other matter has been added.
151

Dried distillery grains ..........

The article produced by drying the residue

from distillery mash tuns, to which no other matter has been added.

Dried green fodder crops ..........Any product, which is obtained by artificially drying any green crop or crops suitable for use as dried fodder for cattle, pigs or poultry and is otherwise as grown (that is to say including any growths harvested herewith but no other substance added thereto) and

(i)High quality ................. Contains not less that 13 % protein calculated on the assumption that it contains 10% moisture.

(ii)

Medium quality ..............Contains less than 13% protein but not less than 10% protein calculated on the assumption that it contains 10% moisture.

(iii) Maintenance quality ...........Contains less than 10 per cent protein calculated on the assumption that it contains 10% moisture.

Dried yeast ......................

An article produced by drying yeast or yeast residues, to which no other matter has been added.

Extracted linseed meal ...........The residue resulting from the removal of oil from commercially pure linseed by means of a solvent.

Feeding bone flour ...............

The produce obtained by grinding

152

commercially pure steamed bone.

Feeding dried blood .............. Blood which has been dried, to which no other matter has been added.

Feeding meat and bone meal, carcass meal ..................... The product, containing not less than 40% of protein and not more than 4% of salt, obtained by drying and grinding animal carcasses or portions thereof (excluding hoof and horn) and bone, to which no other matter has been added, but which may have been preliminarily treated for the removal of fat.

Feeding meat meal ................The product, containing not less than 55% of protein and not more than 4% of salt, obtained by drying and grinding animal carcasses or portions thereof (excluding hoof and horn) which may have been preliminarily treated for the removal of fat.

Fish meal, fish residue meal .....A product, containing not less than 50% of protein and not more than 4% salt, and no more than 6% oil, obtained by drying or grinding or otherwise treating, fish or waste of fish, to which no other matter has been added, which may have been preliminarily treated for the removal of fat.

Flaked maize .....................

The product obtained by cooking commercially

pure maize or Indian corn, either as grown or from which the germ, in whole or in part, has been removed.

153

Ground or crushed oats ...........The meal obtained by grinding or crushing commercially pure oats, as grown.

Linseed cakes or the meals of such cakes .................... The residue resulting from the removal of oil pure linseed or the meal

from commercially

obtained by grinding or crushing commercially pure linseed.

Liver meal .......................

The meal obtained by drying and grinding

animal livers, which may have been preliminarily treated for the removal of fat or oil.

Locust bean meal .................

The meal obtained by drying and grinding or

crushing commercially pure locust beans.

Maize ............................ Commercially pure maize, as grown.

Maize germ cake or meal ..........A meal or cake resulting from the

grinding

of

maize germs or of maize germ from which the oil has been removed in whole or part.

Maize-gluten feed ................

A by-product resulting from the removal or

starch and germ from maize, to which no matter has been added.

Maize meal .......................

The meal obtained by grinding commercially

pure maize as grown.

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Malt culms .......................

The rootlets and shoots arising from the

screening of malt, to which no other matter has been added.

Mineral feeding supplements ..... Any minerals stock lick or substance, which could be used as stock lick which is alleged to possess nutritive properties but shall not apply to

supplements not containing phosphoric acid.

Nut cakes or meal including coconut, copra, palm kernel and ground nut cakes and meal ...The residue resulting from the removal of oil from commercially pure nut kernels.

Oats ............................ Commercially pure oats as grown.

Oat feed ........................ The by-product of oatmeal milling consisting of hulls, floury materials, mealy matter, screen dust, all finely ground and containing no more than 27% of fibre.

Pea meal .........................

The meal obtained by grinding commercially

pure peas, as grown, of varieties of 'Pisum sativum' or 'Pisum arvense or the varieties of 'Vigna unguiculata "cow" peas, or the varieties of 'Cajanus cajan', "pigeon" peas.

Pyrethrum marc. ..................

The

steamed, of

dried

residue ground

from

the

extraction

dried,

pyrethrum

Chrysanthemum cinerariaefolium' flowers with a light petroleum solvent.

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Rape cake or meal ..................The residue resulting from the removal of oil from commercially pure rape seed.

Rice bran, rice meal .............

The by-product produced in milling, shelled

rice to which no other matter has been added.

Sorghum: dari: durra ................Commercially pure sorghum (dari:durra) as grown.

Sorghum meal

The meal obtained by grinding commercially dry pure sorghum

(dari or durra meal)

(dari: durra) as grown.

Soya cake or meal ................The residue resulting from the removal of oil from commercially pure Soya beans.

Sugar-beet, treacle; sugar-beet molasses.....................A concentrated syrup product obtained in the manufacture of sugar from sugar-beet to which no other matter has been added. Sugar-cane treacle; sugar-cane molasses ......................... A concentrated syrup product obtained in the

manufacture of sugar from sugar-cane to which no (other) matter has been added.

Sunflower seed cakes or meal not decorticated ..................... The residue resulting from the removal of oil pure sunflower seed, not

from commercially decorticated.

Sunflower seed cakes or meal

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from decorticated or partly decorticated sunflower seed ......The residue resulting from the removal of oil from commercially pure sunflower seed from which the cortex in whole or in part, has been removed.

Wheat ........................... Commercially pure wheat, as grown.

Wheat germ ......................

A meal or cake resulting from grinding of

wheat germ.

Wheat meal ......................

The meal obtained by grinding commercially

pure wheat, as grown.

Wheat offals,

A product of wheat separated in the process of milling and containing no millers' offals more than 4% of vegetable substances other than wheat, extracted from wheat in

the process of cleaning by the maker of the offal in the production of flour.

White fish meal ................A product (containing not less than 65% protein, not more than 6% of oil and not more than 4% of salt) obtained by the drying and grinding or otherwise treating white fish or waste of white fish to which no other matter has been added.

Dried beet pulp ..................The article produced by drying the sugar beet residue produced in manufacture of sugar from sugar-beet, with or without the addition of molasses.

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PART II

Particulars of composition to be contained in statutory statement

LIMITATIONS OF VARIATION

(Percentages are percentages of the whole bulk)

(a) None:

Barley ............................ Barley meal ....................... Barley meal (Grade II)............. Bean meal ......................... Cassava ........................... Cassava meal....................... Ground or crushed oats ............ Locust bean meal................... Maize ............................ Maize meal......................... Oats .............................. Pea meal .......................... Pyrethrum marc. ................... Wheat ............................. Wheat meal ........................

(b)

Amount of fibre:

Dried plain beet pulp ..............Fibre, 1% or 1/8th of the amount stated whichever is the greater.
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Oat meal by-products ..............Fibre, 1% or 1/8th of the amount stated whichever is the greater provided that the name "oat feed" shall not be applied to any article containing more than 27% of fibre.

Wheat offfals or millers' offals ......Fibre, 1% or 1/8th of the amount stated whichever is the greater; if the actual amount is less than that stated one-half the amount stated.

(c)

Amount of oil:

Linseed meal .................Oil, 0.75% or 1/10th of the amount stated whichever is the greater.

(d)

Amount of protein:

Dried green fodder crops high quality ...................... Protein, 1/10th of the amount stated

provided that the name "dried grass" shall not be applied to any article containing less than 13% protein or the names dried grass

(maintenance)" or "dried green fodder crop" to any articles containing less than 10%

protein.

Medium quality maintenance quality Dried yeast feeding dried blood ............................. Protein, 1/10th if the amount stated or

4% whichever is the less.

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(e)

Amount of fibre and protein respectively:

Clovermeal ........................

Protein, 1/10th of the amount stated

fibre, 1/8th of the amount stated.

Lucerne (alfalfa) meal.............Protein, 1/5th of the amount stated.

Malt culms ........................

Fibre, 1% or 1/8th of the amount stated,

whichever is greater.

(f)

Amounts of oil and protein respectively:

Coconut or copra cake or meal .....Oil 0.75% or 1/10th of the amount stated, whichever is greater.

Cotton cakes or meal not decorticated ...................... Protein, 1/10th of the amount stated.

Sunflower cakes or meal not decorticated.

Oil cakes or meal not otherwise specifically mentioned in this schedule which are the product of any one undecorticated substance of seed from which oil has been removed............................ Oil, 0.75% or 1/8th of the amount stated whichever is the greater. Protein, 1/10th of the amount stated.
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Liver meal, palm kernel cake or meal, linseed cakes and the meal such cakes; extracted linseed meal. Oil, 0.75% or 1/10th of the amount stated, whichever is the greater.

Protein,1/8th of the amount stated.

maize flaked; maize germ cake or meal; maize gluten feed; rape cake or meal; soya cake or meal.............

Wheat germ. Dried brewery and distillery grains Oil, 0.75% or1/5th of the amount stated whichever is the greater. Protein, 1/8th of the amount stated. (g) Amounts of protein and phosphoric acid respectively:

Feeding bone flour ................

Phosphoric acid, 1/20th of the amount stated. Protein, 1/10th of the amount stated.

Feeding bone meal, ground bone or any other bone product for feeding purposes. Phosphoric acid, 1/10th of the amount stated. Protein, 1/10th of the amount stated.

(h)

Amount of calcium oxide; phosphoric acid and salt;

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Mineral feeding supplements ....... Calcium oxide, 1/20th of the amount stated. Phosphoric acid, 1/20th of the amount stated. Salt, 1/20th of the amount stated. (i) Amount of oil, protein and phosphoric acid respectively:

Feeding meat, bone meal or any other product of meat and bone for feeding purposes.. Oil, 0.75% or 1/10th of the amount stated whichever is the greater. Protein, 1/10th of the amount stated. Feeding meat meal or any other product of meat for feeding purposes Phosphoric acid, 1/10th of the amount stated.

Provided that the names "feeding meat meal" and "feeding meat and bone meal" shall not be applied to articles containing less than 55% and less than 40% of protein respectively.

(j)

Amounts of oil, protein and fibre respectively

Compound cakes or meal consisting of admixture of two or more of the articles mentioned in these Rules.. Oil, 0.75% or 1/10th of the amount the greater.

stated whichever is

Protein, 1/10th of the amount stated. Fibre, 1% or 1/10th of the amount stated, whichever is the greater; if the actual amount is less than that stated, one-half of the amount stated.
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Cotton cake or meal from decorticated or partly decorticated cotton seed

Maize by-products not otherwise specifically mentioned in these Regulations. Oil cakes or meal not otherwise specifically

Oil, 0.75% or 1/10th of the amount, whichever is the greater. Protein, 1/10th of the amount stated. Fibre, 1% or 1/10th of the amount stated, whichever is greater.

mentioned in this Regulation which are the product of any one decorticated substance or seed from oil has been removed. Rice bran or rice meal or the by-product produced in milling shelled rice.

Sunflower cakes or meal decorticated or partly decorticated.

(k)

Amount of oil, protein, phosphoric acid and salt respectively:

Fish meal, white fish meal or other product obtained by grinding or fish or fish waste.

Oil, 0.75% or1/10th of the amount stated, whichever is the greater. Protein, 1/10th of the amount stated. Phosphoric acid 1/6th of the amount stated. Salt, 1.75%: Provided that the names "white fish meal" shall not be applied to any article containing more than 6% oil or 4% salt.
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(l)

Sugar ........................... Molasses Molasses feeds containing not less than 10% sugar Sugar 1/10th of the amount stated.

The amount, in each case, shall be stated as a definite percentage of the weight of the articles.

Phosphoric acid shall be stated in terms of phosphoric anhydride (P205).

The amount of protein stated shall be the amount of nitrogen, other than ammonia or nitric nitrogen multiplied by 6.25 or, in the case of pure products, by 5.70.

164

SCHEDULE VIII

REPUBLIC OF KENYA

GAZETTE NOTICE NO ..

The Animal feedstuffs Act, No. ...of. [Year]

IN EXERCISE of powers conferred by Section 36(2)(g) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Feedstuff Standards) Regulations. Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Feedstuff Standards) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act.

Standards and general requirements 3. A mixed feed shall not contain ingredients other than those listed in the Table under Schedule VII. 4(1) Every person who manufactures or sells a customer formula feed or a consultant formula feed, shall keep a copy of each mixing formula used in the manufacture of that feed and retain it in the case of a customer formula feed, a consultant formula feed for a period of six months from the last date of manufacture of that feed; or (2) Every consultant formula feed shall be-

165

(a) labelled in accordance with Schedule V; and (b) packaged in accordance with Schedule V. (3) Every customer formula feed shall be(a) manufactured in accordance with a signed customer formula; and (b) labelled in accordance with Schedule V. (4) Every manufacturer of a customer formula feed shall keep a copy of the customer formula under which the feed is manufactured in the manufacturer's possession during the manufacture of that feed and shall keep that copy, together with a list of each date on which the feed was manufactured, in the case of a customer formula feed, for a period of at least six months from the last date of manufacture of that feed; or 5. No significant change shall be made by a registrant to a feed registered under these Regulations unless an application for registration of the feed with the significant change is assessed or evaluated by the Director and the feed is found to comply with these Regulations. 6. Every feed registered under these Regulations that contains a pest control product as defined in the [Pest Control Products Act 346]. 7(1) Subject to paragraphs (2) and (3) of this regulation, a feed shall not contain(a) more than one-half of one per cent of the seeds of weeds listed in Schedule VI regulation 4 except when screenings are sold or offered for sale singly, in which case the screenings may contain any amount not exceeding one per cent of such materials and an additional one per cent of wild mustard and hare's ear mustard seed; (b) fluorine in an amount likely to be deleterious to animal or exceeding the following proportions:
166

(i) 0.2 per cent (2 000 mg/kg) in any mineral feed for cattle, sheep or horses containing nine per cent or less of phosphorus, (ii) 0.3 per cent (3 000 mg/kg) in any mineral feed for cattle, sheep or horses containing greater than nine per cent of phosphorus, (iii) 0.6 per cent (6 000 mg/kg) in a mineral feed for swine, and (iv) in a complete or balanced feed(A) 0.004 per cent (40 mg/kg) for horses and rabbits, (B) 0.005 per cent (50 mg/kg) for cattle and sheep, (C) 0.015 per cent (150 mg/kg) for swine and turkeys, and (D) 0.020 per cent (200 mg/kg) for chickens; (c) dust, mould or damage from heat or any other cause that would (i) render it unfit for feed, or (ii) make it unsafe for feeding in proportions commonly used; (d) any product of animal, fish or bird origin that is not fresh or sound or that has not been properly processed in accordance with good manufacturing practice; (e) more than 0.2 per cent feathers or sawdust or more than 0.3 per cent of feathers and sawdust combined; (f) any extraneous material except in such amounts as are unavoidable in good manufacturing practice; (g) any chaff, dust, knuckles or like material, except as a declared ingredient or as a recognized tolerance in a declared ingredient;

167

(h) in the case of a feed that is chopped, crushed or ground, more than 15 viable seeds per 30 g of the weeds listed in Schedule VI; (i) mycotoxins of which aflatoxins in an amount exceeding 20 parts per billion; (j) any material, other than those referred to in paragraphs (a) to (j), in quantities likely to be deleterious to animal, when fed in proportions commonly used or as specified in the feeding directions. (2) A feed labelled with instructions for feeding only to beef cattle three months of age or over and with a caution to discontinue the feeding of it at least 48 hours before marketing or slaughter may contain up to 15 per cent in the aggregate of the materials listed in Schedule VI. (3) Paragraph (1)(a) does not apply to unground screenings when labelled or invoiced as cereals grain screenings uncleaned (uncleaned screenings) or cereals grain screenings refuse (refuse screenings). 8. Every feed shall have the uniformity of mix, the chemical composition and the physical composition necessary for it to be efficacious for the purpose for which it is manufactured, sold or represented. 9(1) Chopped, crushed or ground grain sold as a feed or as an ingredient or constituent of a feed shall meet the minimum standards of quality allowed under the National Cereals and Produce Board Act (Cap. 338) or NCPB Grain and Produce Regulations. (2) Where oats wild-oats-cereals grain (Mixed Feed Oats), commercial grades of grain or off-grades of grain are ground, crushed or chopped, they shall be labelled in a manner satisfactory to describe their quality, using the terminology applied to such kind and quality of grain under the National Cereals and Produce Board Act (Cap. 338) if such terminology is consistent with feed terminology and these Regulations.

168

10 Every mixed feed that is sold or imported under a name set out in Column I of the Table under Schedule VI ,shall conform to any definition of that feed in the Schedule and to the standards prescribed in these Regulations for that feed and shall be packaged and labelled as prescribed in these Regulations. Tolerances 11(1) The tolerances set out in Column III of the Table on Tolerances herebelow, shall be applied to the Analysts' results for the purpose of determining the accuracy of the nutrient guarantees for the nutrients set out in Column I of that item. (2) The tolerances set out in Column II of the Table on Guarantees set out under this Schedule shall be applied to the Analysts' results for the purpose of determining the accuracy of the guarantee for a medicating ingredient of a feed.

TOLERANCES TO BE APPLIED TO THE ANALYSTS' RESULTS ON NUTRIENTS IN FEED UNDER THIS SCHEDULE Column I Item Column II Guaranteed Amount Column III Permitted tolerances not to exceed 1. Calcium (Ca), Magnesium(Mg), Sodium (Na), Potassium(K), Sulphur (S), and Salt (NaCl) 2. Zinc (Zn), Copper (Cu), Manganese (Mn), Iodine (I),
169

(a) 1 per cent and under

A deficiency or excess of 0.2 per cent of the

(b)

Over 1 per cent

feed A deficiency or excess of 20 per cent of the guaranteed amount

All amounts

A deficiency or excess of 20 per cent of the guaranteed

Cobalt (Co) 3. Fluorine (F) All amounts

amount An excess of 20 per cent of the guaranteed amount

4.

Phosphorus (P)

(a) 5 per cent and under

A deficiency or excess of 20 per cent of the guaranteed amount.

(b)

Over 5 per cent

A deficiency of 10 per cent or an excess of 20 per cent of the guaranteed amount

5.

Iron (Fe)

All amounts

A deficiency of 20 per cent or an excess of 40 per cent of the guaranteed amount

6.

6. Crude protein (mixed feed)

(a) 24 per cent and under

A deficiency of 1.0 per cent of the feed

(b)

Over 24 per cent

A deficiency of 1.5 per cent of the feed

Crude protein (single ingredient feed) 7. Equivalent crude protein

All amounts

A deficiency of 0.8 per cent of the feed

(a) 5 per cent and under

An excess of 1.0 per cent of the feed

(b)

Over 5 per cent but up to and including 25 per cent

An excess of 20 per cent of the guaranteed amount An excess of 5 per cent of the feed

( c) Over 25 per cent

170

8.

Crude fat

All amounts

A deficiency or excess of 0.5 per cent of the feed

9.

Crude fibre

(a) 5 per cent and under

A deficiency or excess of 0.5 per cent of the

(b)

Over 5 per cent and up to and including 15 per cent

feed A deficiency or excess of 10 per cent of the guaranteed amount A deficiency or excess of 1.5 per cent of the feed

(c) Over 15 per cent

10. Vitamin A Vitamin E

All amounts

A deficiency of 20 per cent of the guaranteed amount

11. Vitamin D

All amounts

A deficiency of 25 per cent of the guaranteed amount

12. Sugar (invert)

(a) 24 per cent and under

A deficiency of 1.5 per cent of the feed

(b) Over 24 per cent

A deficiency of 2 per cent of the feed

13. Pepsin digestible protein

All amounts

A deficiency of 10 per cent of the guaranteed amount

The animal feedstuff declaration and warranty

12(1) Every declaration and warranty required to be given by a vendor to a purchaser under this regulation shall be in the following form:
171

(1)"I .......................... of ............... hereby declare and give warranty as follows in respect of the following approved animal feedstuff/s which I have sold to

(ii)................................................of.............................................".

(2) In addition to the declaration and warranty required to be given by the vendor under rule 2 of these Rules, the vendor shall in respect of each kind of approved animal feedstuff involved in the transaction make a separate declaration in writing as follows:-

"That the packages or containers marked (iii) ............... contain (iv) .........tonnes ................and.. ........ Kilogrammes of (v)......... and that I guarantee that this animal feedstuff is not adulterated."

(3) Where the vendor is selling an approved animal feedstuff partly or wholly by virtue of the contents of its constituents in respect of which he is required to make a declaration and warranty under these regulations, he shall in addition give to the purchaser the following guarantee:-

"Furthermore

guarantee

that

this

animal

feedstuff

contains

(vi)..............of (vii)............. per cent

of (viii)........".

(4) In the declaration and warranty, the vendor shall insert in the spaces kept blank for that purpose the following particulars:

(a) (b) (c)

at (i) his own name and full postal address; at (ii) the name and full postal address of the purchaser; at (iii) sufficient detail of the marks on the containers or packages in which the approved animal feedstuff is packed or particulars shown on the labels attached thereto;
172

(d)

at (iv) the weight of the approved animal feedstuff contained in the containers or packages in tonnes and kilogrammes as the case may be;

(e) at (v) the name under which the animal feedstuff is prescribed to be as approved animal feedstuff under the Approved Animal Feedstuffs Regulations;

(f)

at (vi) the words "minimum " or "maximum" as the case may be of the percentage of the under this regulation; constituents which he is required to guarantee

(g)

at (vii) the minimum or the maximum percentage as the case may be of the aforesaid constituent which he is required to guarantee under this regulation;

2.Every vendor shall complete the declaration and warranty by appending his signature at the end thereof.

3.The minimum or maximum percentage, as the case may be of the constituents which the vendor is required to guarantee under this regulation shall be as determined in the manner prescribed under the Animal Feedstuffs Analysis Regulations, on samples taken in the manner prescribed under the Animal Feedstuffs Sampling Rules under Schedule IV.

4. Any person who sells any approved animal feedstuffs shall clearly, conspicuously and indelibly mark on or affix to the container in which the animal feedstuff is sold, the particulars required in paragraphs (a), (b), (c) and (d) of this rule or shall, provide the purchaser with a written declaration at the time of sale or within a reasonable time after the animal feedstuff is delivered containing the following particulars:-

(a) the seller's name and full postal and business addresses;
173

(b) the name of the animal feedstuff sold;

(c) the guaranteed analysis expressed to the first decimal place of the animal feedstuff in respect of the constituents for which guarantees are required under the Animal Feedstuffs Approved Rules;

(d) the means of identifying the animal feedstuff covered by the declaration.

5. For the sale of quantities of 1 kg. or less of an approved animal feedstuff, it shall be sufficient if the approved animal feedstuff sold is taken out in the presence of and with the knowledge of the purchaser from a parcel bearing a label on which are marked the particulars required under this regulation.

174

SCHEDULE IX

REPUBLIC OF KENYA

GAZETTE NOTICE NO ..

The Animal feedstuffs Act, No. ...of. [Year]

IN EXERCISE of powers conferred by Section 36(2)(a) of the Animal Feedstuffs Act,.[Year], the Minister for the time being in charge of Animal Feedstuffs makes the following RegulationsThe Animal Feedstuffs (Keeping of Records and submission of Returns) Regulations. Preliminary 1. These regulations may be cited as the Animal Feedstuffs (Keeping of Records and submission of Returns) Regulations. 2. Unless the context otherwise demands, words and phrases used in these regulations have the same meaning assigned to them in this Act.

3. The regulations made under this Schedule shall be in addition and not derogation of the provisions of section 16.

Records by feed business operator

4.Every importer, manufacturer and vendor of animal feedstuff shall keep records in English language in respect of every transaction he makes in animal feedstuffs.

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5.(1) The records required to be kept under regulation 4 shall show for each sale of animal feedstuff:(a) his own name and full postal address;

(b)

the date on which the sale was made;

(c)

the name whereby each of the animal feedstuff sold is described in

declaring it to an approved animal feedstuff for the purpose of the Act and the amount in tonnes and kilogrammes which was sold;

(d)

sufficient detail for the marks on each container or package in which

the animal feedstuff was sold, or from which it was taken in making the sale or on the label attached thereto for the said container or package to be identifiable, and on completion of each sale the vendor shall furnish the purchaser with a copy of the record of the sale.

6. Unless otherwise authorized by the Director, the feed business operator shall preserve and maintain the records under this Part in usable condition for at least two years or such longer period as the Director may require in the public interest.

7. Any person who fails to keep and maintain the records required under this Schedule and for the period hereunder prescribed, shall be guilty of an offence and liable for a fine not exceeding five thousand shillings.

8. Every feed manufacturer shall file with the Director as part of his annual licence renewal-

(a) a certified annual return setting forth the tonnage of all commercial feed that his feed facility manufactured or distributed in the year to which the return relates.

176

(b) any product recall he experienced,

(c) complaints labeled against his feeds by purchasers,

(d) the amount of fees he paid in consideration for services received from the Government under this Act,

(e) reprimand he received from a feed operators association or organization to which he is a member, what the reprimand was about and what he did about it.

(f) complaints or views he has concerning inspection, analyst services and accredited laboratories under this Act,

(g) whether or not persons hired from the private sector under this Act are adding value to the implementation of this Act or otherwise,

(h) any suggestions as to the review of policy or this Act so as to improve the application of this Act,

(i) or any other information which the Director may require from time to time to be included in the return.

Duties of Director upon receiving returns, etc.

9(a) The Director shall examine at reasonable times the records, returns and any other thing required to be submitted to him under this Act and shall make his findings thereon known by informing the business operator concerned in writing of the same and he may, if circumstances warrant, publish for public consumption some of the findings

177

(b) The Director shall keep the records, returns and any other thing required to be submitted to him, in a usable condition for five years and may at the end of the said period, and in consultation with the Minister, dispose of the same.

10. At least annually, the Director shall publish:

(a) information concerning the sales of commercial feeds, together with data on commercial feed production and use as he considers advisable;

(b) the results of the analyses of official samples of commercial feed distributed in the country as compared to the analyses guaranteed in the registration and on the label; and

(c) any other information relating to feeds as he may considers necessary or desirable in public interest, and he shall decide the form in which and time when the information may be published.

(d) A publication under this regulation may not disclose the scope of cooperation of any person.

11. The Director shall keep confidential every information, record, return, document and any other thing required to be submitted to him under this Act and shall not disclose to any unauthorized person except for purposes of this Act or under the compulsion of the law.

178

PRESCRIBED FORMS

Pursuant to section 36 (2) (a), the Minister prescribes the following Forms to be used, for the time being, for the purposes of this Act-

FORM NO. GK/MLD/AFA/01

APPLICATION FOR REGISTRATION OF A STERILIZING PLANT

PART I

1. Name and address of Applicant ..................................................................................................... .............

2. Physical location of plant and date of commissioning ..................................................................................................... .............

3. Type of substance to be sterilized by the plant ..................................................................................................... .................

4. Name, type, manufacturers particulars and Trade Mark (if any) of Plant ..................................................................................................... .............

5. Whether Dry Steam Sterilization Process is applied

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..................................................................................................... .............

6. Number of Wet Steam Digesters and Dry Steam Digesters comprising the plant ..................................................................................................... .............

7. Capacity of each Digester separately .........................................................

8. Maximum Steam Pressure per sq. cm. each Digester can be subjected to: .................................................................................................. ...............

9. Whether sterilized substance is to be dried in open air or by special installation ..................................................................................................... ...........

10. If a Special Installation is used, state whether a Rotating Pot is used, and whether heat is applied by steam or open fibre ..................................................................................................... ..................

Date .....................

.................... Signature of Applicant

PART II

(For Official Use Only) RGTN No......................

180

I certify that the Sterilizing Plant referred to in Part I the date

has been registered on herein

shown .

Date ..................

.............................................. Registrars signature and rubber stamp

181

FORM NO. GK/MLD/AFA/02 SCHEDULE

APPLICATION FOR REGISTERING OF ANIMAL FEEDSTUFF (For the year ending 31st December, 20)

PART I

1. Name and address of of Applicant ..................................................................................................... .............

2.

Physical

location

from

where

the

feed

shall

be

transacted........................................................................................ ..........................

3. The name and other particulars of the feedstuff being registered......................................................................................... .............................

4. Is the material imported? State name of exporting country ..................................................................................................... .............

5. If imported state particulars of the phytosanitary certificate number from the relevant authority in the country of origin? ..................................................................................................... .............

6. If it is locally produced does it have the required documentation as provided for in the Act?
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..................................................................................................... .............

7. If so what is the Sterilizing plant registration certificate No.? ..................................................................................................... .............

8. If it is a renewal of registration give the previous registration certificate No. .........................................................

9. Whether the feedstuff is for export only/ or local market: .................................................................................................. ...............

10. If own product/ import, what is the annual production / import level? ..................................................................................................... ...........

11. What is the average nutrient analysis? ..................................................................................................... ..................

Date .....................

.................... Signature of Applicant

PART II

(For Official Use Only)

I certify that the Animal feedstuff referred to in Part I has been registered and its registration Number is.

183

The registration expires on 31st December, 20 ..

Date ..................

...................... Registrars signature and rubber stamp

184

FORM NO. GK/MLD/AFA/03

SCHEDULE

APPLICATION FOR LICENCING OF FEED MILLERS (For the year ending 31st December, 20)

PART I

1. Name and address of Applicant (give telephone number also) ..................................................................................................... .............

2. Physical location of the plant ..................................................................................................... ...........

3. Name, Trade Mark (if any) and other particulars of the Plant ..................................................................................................... .............

4. What is the range of animal feedstuffs produced? ..................................................................................................... .............

5. What is the Plants registration certificate No. ..................................................................................................... .............

6. Do you have own laboratory/ or affiliate laboratory, if the latter give the name? (Cross out what is not applicable)
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..................................................................................................... .............

7. Do you have own Nutritionist / or affiliate Nutritionist, if the latter give the name and cell phone number of the nutritionist? (Cross out what is not applicable) ..................................................................................................... .............

8. How often do you send feed samples for analysis and where? .........................................................

9. If it is a renewal of licence give the previous Licensing certificate No. .................................................................................................. ...............

10.Have you been convicted of any offence under this Act?(specify the offence). State whether in the previous year(s) you have had product recall. Specify year and what the reason for recall was and the steps taken to remedy the situation ..................................................................................................... ...........

11. What is your annual production level? ..................................................................................................... .................

Date .....................

.................... Signature of Applicant

186

PART II

(For Official Use Only)

Licence No......................

I certify that the Feed Miller referred to in Part I has been licensed as is requires under the Animal Feedstuffs Act..

The licence expires on 31st December, 20 ..

Date ..................

...................... Registrars signature and rubber stamp

187

CERT. NO. GK/MLD/AFA/0 CERTIFICATE OF ANALYSIS I.1....................................... having been duly appointed by the Minister under Gazette Notice No2........... to be an analyst pursuant to section 3 (2) (a) of the Animal Feedstuffs Act, hereby certify that a sample in a sealed container to which was attached a certificate on which was included the following information concerning the sample ....................

The name and full postal and business addresses of the manufacturer where known and of the seller or the person who was in possession of the animal feedstuff at the time the sample was taken: .............................................................................................. .................... The name of the animal feedstuff:3 .........................................................

The analysis guaranteed by the manufacturer or seller: .........................................................

The name and full postal address of the Inspector who took the sample: .............................................................................................. ....................

The name and full postal and business address of the person, if any, under whose instructions the sample was taken: .............................................................................................. ....................

The date and place at which the sample was taken:

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.............................................................................................. ....................

Other identifying marks or particulars: .............................................................................................. ....................

The Sample has been analysed by me or under my direction and I declare the result of the analysis to be as follows:Moisture 4,5 ............................

...........%

Nitrogen ................................Total .........% Phosphoric acid asP2 O5 water soluble ...................................%

soluble in 2 per cent citric acid .....% soluble in mineral acid or total ......%

Material passing through Standard Test Sieve B.S.410, (Minimum specification)6 . Oil Protein Fibre Biuret Sodium Chloride .

having

apertures

.........mm. square.....................% ....................% .....................% .....................% .....................%

Sand, silicious and other insoluble mineral matter.....................% Other analysis and remarks (if any)7

.......................................%

The analyses were made in accordance with the methods prescribed by the Animal Feedstuffs ( Sampling and Analysis) Regulations Schedule IV of the Act.

189

Issued under my hand this ................day of ..............................., 20........

Signature .............................................

Address

of

Analyst

......................................................... ............................
1

Here insert the name of the analyst signing the Certificate and the capacity in which he acts in undertaking the analysis.

Here insert the particulars of the Gazette Notice under which the analyst signing the Certificate as appointed an Analyst under the Animal Feedstuffs Act.

Here insert full particulars taken from the Certificate affixed to the container containing the Official sample whose analysis is here reported for the Animal Feedstuffs whence the Official Sample was drawn to be recognized.

Here insert the moisture content and those particulars in respect of which a specification is laid down or guarantee required and given under the Animal Feedstuffs Act, in respect of the animal feedstuff whose analysis is here reported.

The result of the analysis shall be reported to the first decimal point.
5

Here state the drying procedure followed in the determination.

Here state the aperture size of the Standard Test Sieve that was used and that was required to be used in determining the percentage of material passing through the Standard Test Sieve.
190

Here report the presence of deleterious substance.

191

FORM NO. GK/MLD/AFA/06

FORM FOR THE ANIMAL FEEDSTUFF DECLARATION AND WARRANTY

"I (i) .......................... of ............... hereby declare and give warranty as follows in respect of the following approved animal feedstuff/s which I have sold to

(ii)................................................of.............................................".

(2) In addition to the declaration and warranty required to be given by vendor under rule 2 of these Rules, the vendor shall in respect of each kind of approved animal feedstuff involved in the transaction make a separate declaration in writing as follows:-

"That the packages or containers marked (iii) ............... contain (iv) .........tonnes ................and ........ Kilogrammes of (v)......... and that I guarantee that this animal feedstuff is not adulterated."

(3)Where the vendor is selling an approved animal feedstuff partly or wholly by virtue of the contents of its constituents in respect of which he is required to make a declaration and warranty under rule 5 of these Rules, he shall in addition give to the purchaser the following guarantee:-

"Furthermore I guarantee that this animal feedstuff contains (vi)..............of(vii)............. per cent of (viii)........".

(4) (1)

Every vendor shall complete the declaration and warranty by

appending his signature at the end thereof.

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(2)

In the declaration and warranty, the vendor shall insert in the spaces kept

blank for that purpose the following particulars:

(a)

at (i) his own name and full postal address;

(b) at (ii) the name and full postal address of the purchaser;

(c) at (iii) sufficient detail of the marks on the containers or packages in which the approved animal feedstuff is packed or particulars shown on the labels attached thereto;

(d) at (iv) the weight of the approved animal feedstuff contained in the containers or packages in tonnes and kilogrammes as the case may be;

(e) at (v) the name under which the animal feedstuff is prescribed to be as approved animal feedstuff under the Approved Animal Feedstuffs Rules;

(f) at (vi) the words "minimum " or "maximum" as

the case may be of the

percentage of the constituents which he is required to guarantee under rule 5 of these Rules;

(e)

at (vii) the minimum or the maximum percentage as the case may be of the

aforesaid constituent which he is required to guarantee under rule 5 of these Rules;

(5)The minimum or maximum percentage, as the case may be of the constituents which the vendor is required to guarantee under rule 5 of these Rules shall be as determined in the manner prescribed under the Animal Feedstuffs Analysis Rules, on samples taken in the manner prescribed under the Animal Feedstuffs Sampling Rules.

(6)Any person who sells any approved animal feedstuffs shall clearly, conspicuously and indelibly mark on or affix to the container in which the animal
193

feedstuff is sold, the particulars required in paragraphs (a), (b), (c) and (d) of this rule or shall, provide the purchaser with a written declaration at the time of sale or within a reasonable time after the animal feedstuff is delivered containing the following particulars:-

(a) (b) (c)

the seller's name and full postal and business addresses; the name of the animal feedstuff sold; the guaranteed analysis expressed to the first decimal place of the animal

feedstuff in respect of the constituents for which guarantees are required under the Animal Feedstuffs Approved Rules; (d) the means of identifying the animal feedstuff covered by the declaration:

(7) For the sale of quantities of 1 kg. or less of an approved animal feedstuff, it shall be sufficient if the approved animal feedstuff sold is taken out in the presence of and with the knowledge of the purchaser from a parcel bearing a label on which are marked the particulars required under this regulation.

194