Food, Drugs and Chemical Substances Act
2. Interpretation
2. Interpretation
In this Act, except where the context otherwise requires—"advertisement" includes any representation by any means whatsoever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic, device or chemical substance;"article" includes—(a)any food, drug, cosmetic, device or chemical substance and any labelling or advertising materials in respect thereof;(b)anything used for the preparation, preservation, packing or storing of any food, drug, cosmetic, device or chemical substance;"authorized officer" means a medical officer of health, a public health officer or any suitably qualified person authorized in writing by a municipal council for the purposes of this Act, and—(a)for the purpose of any provision of this Act relating to the taking of samples, includes a police officer of or above the rank of sub-inspector;(b)for the purpose of section 29, includes a Veterinary Surgeon registered or licensed under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366);(c)for the purpose of any proceedings under section 35 of this Act, includes the clerk of a municipal council;"Board" means the Public Health (Standards) Board established by section 27;"chemical substance" means any substance or mixture of substances prepared, sold or represented for use as—(a)a germicide;(b)an antiseptic;(c)a disinfectant;(d)a pesticide;(e)an insecticide;(f)a rodenticide;(g)a vermicide; or(h)a detergent, or any other substance or mixture or substances which the Cabinet Secretary may, after consultation with the Board, declare to be a chemical substance;"container" includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;"Controller" means the Food Safety Controller appointed under the Food and Feed Safety Control Co-ordination Act (No. 21 of 2026);"cosmetic" includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair, eyes or teeth, and includes deodorants and perfumes;"device" means any instrument, apparatus or contrivance, including components, parts and accessories thereof, manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in man or animal;"drug" includes—(a)any substance included in any publication mentioned in the Schedule; and(b)any substance or mixture of substances prepared, sold or represented for use in—(i)the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in man or animal; or(ii)restoring, correcting or modifying organic functions in man or animal;"food" means a processed, semi-processed or raw substance which is consumed by a human being and includes drinking water and a substance which has been used in the production, manufacture, preparation or treatment of food but does not include a cosmetic, tobacco or a substance used as drugs;"insanitary conditions" means such conditions or circumstances as might contaminate food, a drug or a cosmetic with dirt or filth or might render the same injurious or dangerous to health;"label" includes any legend, work or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or chemical substance;"medical officer of health" means a person appointed as a medical officer of health in accordance with the Public Health Act (Cap. 242), and includes a deputy medical officer of health and an assistant medical officer of health so appointed;"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);"package" includes anything in which any food, drug, cosmetic, device or chemical substance is wholly or partly placed or packed;"premises" includes any building or tent together with the land on which the same is situated and any adjoining land used in connection therewith, and includes any vehicle, conveyance or vessel;"preparation" includes manufactured and any form of treatment, and"prepared" shall be construed accordingly;"public analyst" means a person appointed by the Cabinet Secretary, or by a municipal council with the approval of the Cabinet Secretary, to act as an analyst for the purposes of this Act:Provided that no person shall be appointed a public analyst for any area in which he is engaged directly in any trade or business connected with the sale of food, drugs, cosmetics, devices or chemical substances;"public health officer" means any person for the time being lawfully appointed as such by the Cabinet Secretary or by a municipal council to be a public health officer;"sell" includes offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, dispose of for any consideration whatsoever, or transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;"ship" includes any boat or craft;"substance" includes liquid.(L.N. 41/1970, L.N. 72/1977, Act No. 21 of 2026, 2nd Sch.)Source: Kenya Law