ADVOKS GLOBAL · KENYA
Food, Drugs and Chemical Substances Act
30. Powers of authorized officers
Edition: 2026-07-10 · In force
30. Powers of authorized officers
(1)An authorised officer may, at any hour reasonable for the proper performance of his duty—(a)enter any premises where he believes any article to which this Act or any regulations made hereunder apply is prepared, preserved, packaged, stored or conveyed, examine any such article and take samples thereof, and examine anything that he believes is used or capable of being used for such preparation, preservation, packaging or storing or conveying;(b)stop or search or detain any aircraft, ship or vehicle in which he believes that any article subject to the provisions of this Act is being conveyed and to examine any such article and take samples thereof for the purposes of this Act;(c)open and examine any receptacle or package which he believes contains any article to which this Act or any regulations made thereunder apply;(d)examine any books, documents, or other records found in any place mentioned in paragraph (a) of subsection (1) of this section that he believes contain any information relevant to the enforcement of this Act with respect to any article to which this Act or any regulations made hereunder apply and make copies thereof or take extracts therefrom;(e)seize and detain for such time as may be necessary any article by means of or in relation to which he believes any provision of this Act or any regulations made thereunder has been contravened.(2)An authorized officer acting under this section shall, if so required, produce his authority.(3)Any owner, occupier or person in charge of any premises entered by an authorized officer pursuant to paragraph (a) of subsection (1) of this section, or any person found therein, who does not give to the authorized officer all reasonable assistance in his power and furnish him with such information as he may reasonably require, shall be guilty of an offence.(4)Any person who obstructs or impedes any authorized officer in the course of his duties or by any gratuity, bribe, promise, or other inducement prevents, or attempts to prevent the due execution by the authorized officer of his duty under this Act or any regulations made hereunder shall be guilty of an offence.(5)Any person who knowingly makes any false or misleading statement either verbally or in writing to any authorized officer engaged in carrying out his duties under this Act or any regulations made thereunder, shall be guilty of an offence.(6)An authorized officer shall release any article seized by him under this Act when he is satisfied that all the provisions of this Act and any regulations made thereunder with respect thereto have been complied with.(7)Where an authorized officer has seized an article under this Act and the owner thereof or the person in whose possession the article was at the time of seizure consents to the destruction thereof, the article may be destroyed or otherwise disposed of as the authorised officer may direct.(8)Where a person has been convicted of an offence under this Act or any regulations made hereunder, the court may order that any article by means of or in relation to which the offence was committed or anything of a similar nature belonging to or in the possession of the convicted person or found with such article, be forfeited, and upon such order being made such articles and things may be disposed of as the court may direct.(9)Where any article has been seized under the provisions of paragraph (e) of subsection (1) of this section and the owner thereof has been convicted of an offence under this Act, the article may be destroyed or otherwise disposed of as the authorized officer may direct.(10)Any article seized under this Act may at the option of an authorized officer be kept or stored in the premises where it was seized or may at the direction of an authorized officer be removed to any other proper place; and any person who removes, alters or interferes in any way with articles seized under this Act without the authority of an authorized officer shall be guilty of an offence.(11)An authorized officer may submit any article seized by him or any sample taken by him to a public analyst for analysis or examination; and a public analyst shall as soon as practicable analyse or examine any sample sent to him in pursuance of this Act and shall give the authorized officer a certificate specifying the result of the analysis or examination and such certificate shall be in such form as may be prescribed by the Cabinet Secretary on the advice of the Board.(12)In this section, "premises" includes a street, open space, place of public resort, or bicycle or other vehicle utilised for the preparation, preservation, packaging, storage or conveyance of any article.