Biosafety Act
2. Interpretation
2. Interpretation
In this Act, unless the context otherwise requires—"applicant" means a person submitting an application pursuant to the provisions of this Act;"Authority" means the National Biosafety Authority established under section 5;"biosafety" means the avoidance of risk to human health and safety, and the conservation of the environment, as a result of the use of genetically modified organisms;"contained use" means any activity undertaken within a facility, installation or other physical structure which involves genetically modified organisms that are controlled by specific measures;"Controller" means the Food Safety Controller appointed under the Food and Feed Safety Control Co-ordination Act, No. 21 of 2026;"environment" includes the physical factors of the surroundings of human beings, including land, water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish and wildlife;"financial year" means the period of twelve months ending on the thirtieth June in each year;"genetically modified organism" means any organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology techniques;"intentional introduction into the environment" means any deliberate use of genetically modified organisms other than not contained use;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to science and technology."modern biotechnology" includes the application of—(a)in-vitro nucleic acid techniques including the use of recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; or(b)fusion of cells beyond the taxonomic family, that overcome natural physiological, reproductive and recombination barriers and which are not techniques used in traditional breeding and selection;"multi-annual control plan" has the meaning assigned to it under section 2 of the Food and Feed Safety Control Co-ordination Act, No. 21 of 2026;"placing on the market" means making a genetically modified organism available for sale; and"regulatory agency" means a regulatory agency as set out in the First Schedule to the Act, or such other agency as the Cabinet Secretary may, by Order in the Gazette, determine.(Act No. 21 of 2026, Sch.)Case law referring to this provision
Source: Kenya Law