AGADVOKS GLOBALKENYA · ENGLISH
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Pest Control Products Act

2. Interpretation

Edition: 2022-12-31 · In force

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2. Interpretation

In this Act, unless the context otherwise requires—"adulteration" means addition of any substance or thing to a pest control product so as to change or alter its character, value, quality, composition, merit, efficacy and safety;"advertise" includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any pest control product;"Board" means the Pest Control Products Board established under section 5;"counterfeiting" means manufacturing, formulating, producing or making of any pest control products, labels or packages that are identical or substantially indistinguishable from those legally authorized under this Act and are likely to cause confusion, mistake or to deceive or pass off as being genuine pest control products, labels or packages of the registrant of that particular product and "counterfeit goods" shall be construed accordingly;"inspector" means a person appointed as an inspector under section 8;"label" includes a legend, word, mark, symbol, pictogram or design applied or attached to, included in, belonging to or accompanying any pest control product;"package" includes any container, wrapping, covering or holder in which any pest control product or material is wholly or partly contained, placed or packed;"pest" means any injurious, noxious or troublesome insect, fungus, bacterial organism, virus, weed, rodent or other plant or animal pest; and includes any injurious, noxious or troublesome organic function of a plant or animal;"pest control product" means a product, device, organism, substance or thing that is manufactured, represented, sold or used as a means for directly or indirectly controlling, preventing, destroying, attracting or repelling any pest and includes—
(a)any compound or substance that enhances or modifies or is intended to enhance or modify the physical or chemical characteristics of a pest control product to which it is added; and
(b)any active ingredient used for the manufacture of a pest control product;
"place" includes any vehicle, vessel, railway carriage or aircraft;"sell" includes offer, advertise, keep, expose, transmit, convey, deliver and prepare for sale or exchange, and dispose of for any consideration whatsoever.[Act No. 6 of 2009, Sch.]
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Source: Kenya Law