ADVOKS GLOBAL · KENYA
Food, Drugs and Chemical Substances Act
28. Regulations
Edition: 2026-07-10 · In force
28. Regulations
(1)The Cabinet Secretary, after consultation with the Board, may make regulations—(a)declaring that any food, drug or chemical substance or class of food, drugs or chemical substances is adulterated if any prescribed substances or class of substances is present therein or has been added thereto or extracted or omitted therefrom;(b)respecting—(i)the labelling and packing and the offering, exposing and advertising for sale of food, drugs, chemical substances, cosmetics and devices;(ii)the size, dimensions and other specifications of packages of food, drugs, chemical substances, cosmetics and devices;(iii)the sale or the conditions of sale of any food, drug, chemical substance, or cosmetic or device; and(iv)the use of any substance as an ingredient in any food, drug, chemical substance or cosmetic or device, to prevent the consumer or purchaser thereof from being deceived or misled as to its quality, quantity, character, value, composition, effect, merit or safety or to prevent injury to the health of the consumer or to purchaser;(c)prescribing standards of composition, strength, potency, purity, quality or other property of any food, drug, chemical substance, cosmetic or device;(d)respecting the importation or exportation of food, drugs, chemical substances, cosmetics and devices in order to ensure compliance with this Act and any regulations made thereunder;(e)respecting the method of preparation, preserving, packing, storing, conveying and testing of any food, drug, chemical substance, cosmetic or device in the interests of, or for the prevention of injury to the health of the consumer, user or purchaser;(f)respecting the carriage of goods subject to the provisions of this Act, including the licensing of vehicles used in such carriage;(g)requiring person who sell food, drugs, chemical substances, cosmetics or devices to maintain such books and records as the Board considers necessary for the proper enforcement and administration of this Act and any regulations made thereunder;(h)requiring manufacturers of any drugs or chemical substances to submit test portions of any batch of such drugs or chemical substances;(i)providing for the analysis of food, drugs, chemical substances, cosmetics or devices for the purposes of this Act or to for any other purpose and prescribing a tariff of fees to be paid for such analysis and for prescribing methods of analysis;(j)providing for the taking of samples of any article for the purposes of this Act or for any other purpose;(k)exempting any food, drug, cosmetic, chemical substance or device from all or any of the provisions of this Act and prescribing the conditions of such exemption.(2)Where any regulations made under this Act or under the Public Health Act (Cap. 242) prohibit or restrict the addition of any preservative or other ingredient or material to any food, the addition of such preservative, ingredient or material, if made in contravention of the regulations, shall, for the purposes of this Act, be deemed to render the food injurious to health.(3)Where any regulations made under this Act or under the Public Health Act (Cap. 242) prescribes the composition of any article of food intended for sale, or prohibit or restrict the addition of any preservative or other ingredient or material to any such article, the purchaser of such article shall, unless the contrary is proved, be deemed for the purposes of this section to have demanded an article complying with the provisions of the regulations as regards the presence or amount of any constituent, ingredient or material specified in the regulations.(4)The Cabinet Secretary, after consultation with the Board, may make regulations generally for carrying any of the purposes or provisions of this Act into effect.