ADVOKS GLOBAL · KENYA
The Biosafety (Labelling) Regulations
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In these Regulations unless the context otherwise requires—"altered characteristic" of a genetically modified food means that when the genetically modified food is compared to its conventional counterpart, it is different in:composition or nutritional values, anti-nutritional factors or natural toxicants, factors known to cause allergic responses in particular sections of the population, its intended use, or any other material differences;"Authority" means the National Biosafety Authority established under section 5 of the Act;"competent authority" means an agency of a country outside Kenya responsible under its national law for the control or regulation of genetically modified organisms;"conventional counterpart" means a related organism or variety, its components or products for which there is experience of establishing safety based on common use as food, feed or for processing;"food, feed or ingredient derived from genetically modified organism" means a food, feed, or ingredient produced, in whole or in part from genetically modified organisms;"genetic modification-free" means the complete absence of any genetically modified material, or use of a genetic modification process, in a food or food product and"non-genetically modified organism" shall be construed accordingly;"genetically modified food or feed" means food or feed that is, or contains as an ingredient, including a processing aid, produced using modern biotechnology which—(a)contains novel DNA or novel protein; or(b)has altered characteristics;"genetically modified organism" means an organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology techniques;"labeling" means any written, printed, or graphic matter that accompanies a food or is displayed near the food, including that for the purpose of promoting its sale or disposal;"novel DNA or novel protein" means DNA or a protein which, as a result of the use of genetic modification, is different in chemical sequence or structure from DNA or protein present in counterpart food which has not been produced using genetic modification;"operator" means a natural or legal person who places a product on the market at any stage of the production and distribution chain, but does not include the final consumer;"placing on the market" means making a genetically modified organism available for sale;"product" means genetically modified food, feed and ingredients as defined under these Regulations;"traceability" means the ability to trace genetically modified organisms and products of genetically modified organisms at all stages of their placing on the market through the production and distribution chains;"unique identifier" means a simple numeric or alphanumeric code which serves to identify a genetically modified organism on the basis of the authorized transformation event from which it was developed and providing the means to retrieve specific information pertinent to that genetically modified organism.