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LAWS OF KENYA
PEST CONTROL PRODUCTS ACT
CAP. 346
- Published in Kenya Gazette Vol. LXXXIV—No. 21 on 28 May 1982
- Assented to on 25 May 1982
- Commenced on 17 June 1983 by Pest Control Products Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2009 (Act No. 6 of 2009) on 23 July 2009]
- [Amended by National Electronic Single Window System Act (Cap. 485D) on 11 July 2022]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title
This Act may be cited as the Pest Control Products Act.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—3. Control of manufacture etc., of pest control products
4. Import, export, etc., of pest control products
4A. Control of counterfeit products
Any person who adulterates or counterfeits, or is found in possession of adulterated or counterfeit pest control products, labels or packages, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than two hundred and fifty thousand shillings, and not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or to both.[Act No. 6 of 2009, Sch.]5. Establishment and constitution of the Board
6. Functions of the Board
The functions of the Board shall be—7. Procedure of the Board
8. Appointment of inspectors and analysts
9. Powers of inspectors
10. Forfeiture of pest control products
11. Secrecy of information
12. Offences and penalties
12A. General penalty
Any person who is guilty of an offence under this Act for which no special penalty is provided by this Act shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a period not exceeding six months, or to both.[Act No. 6 of 2009, Sch.]13. Trial of offences
An offence under this Act may be tried by the court within whose jurisdiction the accused is resident or is carrying on business notwithstanding the fact that the matters giving rise to the offence did not take place within the jurisdiction of that court.14. Certificate of analyst
15. Regulations
The Cabinet Secretary may, after consultation with the Board, make regulations—16. Cessation of the application of Community law and saving
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 July 2022
23 July 2009
17 June 1983
Commenced by
Pest Control Products Act Commencement
28 May 1982
Published in Kenya Gazette 21
Read this version
25 May 1982
Assented to
Cited documents 2
Act 2
1. | Kenya Law Reform Commission Act | 29 citations |
2. | Cattle Cleansing Act | 3 citations |
Documents citing this one 20
Legal Notice 13
Judgment 5
Act 2
1. | Investment Promotion Act | 18 citations |
2. | National Electronic Single Window System Act | 8 citations |