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The Fertilizers and Animal Foodstuffs (Sampling) Rules

Legal Notice 214 of 1972

This is the latest version of this Legal Notice.
The Fertilizers and Animal Foodstuffs (Sampling) Rules
Citation
Legal Notice 214 of 1972
Primary work
Fertilizers and Animal Foodstuffs Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

FERTILIZERS AND ANIMAL FOODSTUFFS ACT

THE FERTILIZERS AND ANIMAL FOODSTUFFS (SAMPLING) RULES

LEGAL NOTICE 214 OF 1972

  • Published in Kenya Gazette Vol. LXXIV—No. 52 on 3 November 1972
  • Commenced on 3 November 1972
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.These Rules may be cited as the Fertilizers and Animal Foodstuffs (Sampling) Rules.
2.Where a sample is drawn under section 9(1)(c) or section 10 of this Act, it shall be drawn in the manner prescribed under these Rules.
3.The sample shall be taken in as equal portions as possible each of not less than 280 gm weight from evenly distributed parts of the whole. It shall be drawn only from sound containers or packages whose seals are intact, which are marked in accordance with the requirements of rule 3 of the Fertilizers and Animal Foodstuffs (Packing of Approved Fertilizers) Rules, 1972 (L.N. 210/1972), or rule 4 of the Fertilizers and Animal Foodstuffs (Packing of Approved Animal Foodstuffs) Rules, 1972 (L.N. 212/1972), or from open containers or packages from which fertilizers or animal foodstuffs are being sold in quantities of less than 25 kg, in accordance with rule 4 of the Fertilizers and Animal Foodstuffs (Packing of Approved Fertilizers) Rules, 1972, or rules 5 and 8 of the Fertilizers and Animal Foodstuffs (Declaration and Warranty) Rules, 1972 (L.N. 216/1972).
4.Where the fertilizer or animal foodstuff being sampled is in a single container or package and weighs 25 kilos or less, the entire package shall be taken as the sample.
5.Where a single container or package contains more than 25 kilos or where the number of containers or packages is more than one but not more than ten, portions of the sample shall be drawn from each container or package and a minimum of five portions shall be taken.
6.Where the number of containers or packages is more than ten but not more than forty, portions of the sample shall be drawn at the rate of at least one portion per two containers or packages and a minimum of ten portions shall be taken.
7.Where the number of containers or packages is in excess of forty, it shall be adequate to collect twenty well distributed portions.
8.The number of portions taken shall be the number appropriate to the number of containers or packages of the fertilizer or animal foodstuff being sampled which is present at the time of sampling.
9.Appropriate tools if available may be used to assist in the drawing of the samples except that where valid objection is raised to the use of any particular tool on account of its unsuitability for sampling the material concerned, that tool shall not be used in the taking of the sample.
10.When the material to be sampled is in cakes, single cakes may be taken as individual portions of the sample.
11.Where the material is in large lumps single lumps may be taken as individual portions of the sample.
12.Where the product to be sampled is in a fluid or semifluid condition, it shall first be well mixed by stirring or shaking.
13.Where a spile is used for sampling it shall have a blade which shall be long enough to penetrate the full length of the container or package and shall be of at least 1.90 cm internal diameter. It shall be inserted closed or mouth downwards and driven fully into the container or package being sampled. It shall then be opened or turned mouth upwards and so manipulated as to become filled with the material being sampled. It shall be then withdrawn smoothly for emptying.
14.The portions of a solid sample when drawn shall be spread in a place where they are adequately protected against contamination. They shall then be broken up and any matted material present shall be pulled apart and chopped up in such a manner that the whole will pass through a sieve with meshes 3.20 cm across. The sieved material shall then be thoroughly mixed and shall be taken as the main sample. The main sample shall be reduced by sub-sampling, if necessary for preparing the Official Sample.
15.In sub-sampling, the material to be sub-sampled shall be thoroughly worked up and mixed and shall then be spread evenly on a smooth clean surface. It shall then be divided into four approximately equal quarters by two straight lines intersecting one another approximately at right angles near the middle of the sample. The quarters shall then be separated one from the other and two diagonally opposing quarters shall be rejected and the other two retained. The operation shall be repeated as necessary for reducing the sample to the size required.
16.The sample obtained as the result of the operation prescribed under rules 14 and 15 of these Rules shall again be mixed and shall be spread evenly and shall be divided into three similar parts and these shall be known as the Official Samples. Each of the three Official Samples shall be placed in a clean dry bottle, jar or other container with a close fitting lid, stopper, cover or seal and this in the case of a fertilizer or animal foodstuff which is likely to undergo change on exposure shall be air tight. The weight of each Official Sample shall be between 0.5 and 1 kg.
17.Where the main sample readily separates into a number of distinct fractions that do not readily mix together, the fraction shall be sub-sampled separately and the Official Samples shall be prepared by adding the sub-samples of each fraction to the sub-samples of the other fractions in amount which is proportional to its amount in the main sample.
18.Liquid main samples shall be mixed thoroughly by stirring in a clean open container and after mixing the three Official Samples each shall be drawn directly from several well spaced points.
19.Where the fertilizer or animal foodstuff being sampled contains material which changes rapidly on exposure to air, sampling, sub-sampling and the preparation and packing of the Official Sample shall be undertaken in a dry place and as quickly as possible.
20.The container in which an Official Sample has been packed shall be so secured or placed in a sealed package that its contents cannot be reached without breaking the seal, the container or the package.
21.
(1)The Inspector drawing an Official Sample shall affix to each container or package containing such Official Sample a certificate signed by himself and stating—
(a)his own name and full postal address and the authority under which he acts;
(b)that the sample therein was collected according to the procedure prescribed in these Rules;
(c)the particulars marked on the containers or packages from which the sample was drawn or on the labels attached to those packages in accordance with the requirements of rule 3 of the Fertilizers and Animal Foodstuffs (Packing of Approved Fertilizers) Rules, 1972 (L.N. 210/1972), or rule 4 of the Fertilizers and Animal Foodstuffs (Packing of Approved Animal Foodstuffs) Rules, 1972 (L.N. 212/1972);
(d)the date and place where the sample was taken;
(e)the name and full postal and business addresses of the manufacturer where known and the seller or the person in possession of the fertilizer or animal foodstuff at the time the sample was taken;
(f)the name and full postal and business addresses of the person if any under whose instructions the sample was taken;
(g)his observations on the conditions under which the fertilizer or animal foodstuff was being stored at the time of taking the sample.
(2)He shall then despatch one Official Sample, with the Certificate attached, to an analyst appointed under section 8 of this Act and one under registered cover to the person holding the fertilizer or animal foodstuffs for sale or who last sold the fertilizer or animal foodstuff and shall forward the third sample to the Government chemist.
22.Where the fertilizer or animal foodstuff clearly is adulterated with stones, pieces of iron or other objects, no sample shall be taken but the Inspector shall seize and hold in safe custody such quantity of the material as he thinks fit.
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History of this document

31 December 2022 this version
03 November 1972
Commenced