The Standards (Verification of Conformity to Standards and other Applicable Regulations) Order

Legal Notice 78 of 2020

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The Standards (Verification of Conformity to Standards and other Applicable Regulations) Order
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LAWS OF KENYA

STANDARDS ACT

THE STANDARDS (VERIFICATION OF CONFORMITY TO STANDARDS AND OTHER APPLICABLE REGULATIONS) ORDER

LEGAL NOTICE 78 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 83 on 8 May 2020
  • Commenced on 28 April 2020
  1. [Amended by Standards (Verification of Conformity to Standards and other Aplicable Regulations of Imports) (Amendment) Order, 2020 (Legal Notice 212 of 2020) on 24 December 2020]
  2. [Amended by Standards (Verification of Conformity to Standards and other Applicable Regulations)(Amendment) Order, 2021 (Legal Notice 53 of 2021) on 22 April 2021]
  3. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

This Order may be cited as the Standards (Verification of Conformity to Standards and Other Applicable Regulations) Order.

2. Interpretation

In this Order, unless the context otherwise requires—"approved warehouse” means a premise approved by the Bureau for storage of goods other than a designated customs area;"Bureau" means the Kenya Bureau of Standards established by section 3 of the Act; and"Council" means the National Standards Council established by section 6 of the Act.[L.N. 212/2020, r. 2.]

3. Application

This Order shall apply to all products imported into Kenya.

4. Exempted products

(1)Notwithstanding any other provision of this Order, the products specified in the first column of the Schedule shall be exempted from the provisions of this Order:Provided that a person importing any exempted product specified in the Schedule shall provide the documents specified in the second column of the Schedule with respect to the exempted product.
(2)The products specified in the Schedule may be inspected on arrival at a port of entry.

5. Compliance with standards

(1)An importer of products shall ensure that the imported products meet Kenya standards, approved specifications and other applicable regulations.
(2)An importer of products shall notify the Bureau in the prescribed form before importing any product into Kenya and provide proof that the imported product meets Kenya standards, approved specifications and other applicable regulations.

6. Appointment of inspection bodies

(1)The Bureau may appoint an inspection body in the country of exportation of products, or in a transhipment port, or in a port of entry, to undertake verification of conformity to Kenya standards, approved specifications and other applicable regulations.
(2)The Bureau may recognise a national standards body of an exporting country that performs inspection functions as an inspection body for the purposes of pre-shipment verification of conformity.

7. Verification of conformity

(1)Any product which is the subject of this Order may be subjected to verification of conformity to Kenya standards, approved specifications and other applicable regulations in the exporting country or transhipment port by the inspection body appointed under paragraph 6.
(2)Notwithstanding the provisions of subparagraph (1), the Bureau may reinspect the imported product at a port of entry if, in the Bureau’s opinion, it is necessary to do so.
(3)For avoidance of doubt, where there is a conflict between the provisions of subparagraphs (1) and (2), the provisions of subparagraph (2) shall prevail.[L.N. 212/2020, r. 3.]

8. Certificate of conformity and non- conformity report

(1)The Bureau or an inspection body appointed under paragraph 6 shall issue a certificate of conformity, certificate of inspection or certificate of roadworthiness in respect of a product that conforms to Kenya standards, approved specifications and other applicable regulations.
(2)The Bureau or an inspection body appointed under paragraph 6 shall issue a non-conformity report in respect of a product that does not conform to Kenya standards, approved specifications and other applicable regulations.
(3)A product that does not conform to Kenya standards, approved specifications and other applicable regulations shall not be permitted to be imported into Kenya and shall be re-exported to the exporting country or destroyed at the importer’s expense.

9. Destination inspection

(1)A product which is the subject of this Order which arrives at a port of entry without a certificate of conformity, certificate of inspection or certificate of roadworthiness shall be subjected to destination inspection at a fee equal to five per cent of the approved customs value of the product.
(2)The importer of a product which is the subject of this Order which arrives at a port of entry without a certificate of conformity, certificate of inspection or certificate of roadworthiness and which is kept in an approved warehouse pursuant to subparagraph (3) shall, in addition to the fee specified in subparagraph (1), execute a security bond in favour of the Bureau equal to five per cent of the approved customs value of the product.
(3)A product which is the subject of this Order which arrives at a port of entry without a certificate of conformity, certificate of inspection or certificate of roadworthiness shall be held at the port of entry or kept in an approved warehouse for the purposes of inspection and testing.
(4)A product which is the subject of this Order which arrives at a port of entry without a certificate of conformity, certificate of inspection or certificate of roadworthiness from an exporting country where the Bureau has not appointed an inspection body shall be subjected to destination inspection at the importer’s expense at the rate that would be applicable if inspection had been undertaken in the exporting country by an inspection body appointed by the Bureau.
(5)A product imported by a consolidator registered pursuant to section 14C of the Act which is the subject of this Order which arrives at a port of entry without a certificate of conformity or certificate of inspection shall be subjected to destination inspection at a fee equal to zero point six (0.6%) per cent of the approved customs value of the product.
(6)Notwithstanding the provision of subparagraph (1), a product registered by KEBS on the basis of a valid certification recognized by KEBS shall be subjected to destination inspection at the importer’s expense at the rate that would be applicable if inspection had been undertaken in the exporting country by an inspection body appointed by the Bureau:Provided that such registration is obtained before importation.[L.N. 212/2020, r. 4.]

10. Exemption from Order

The Cabinet Secretary may, on the advice of the Council, exempt any product from the provisions of this Order if the Cabinet Secretary is satisfied that it is in the national interest to do so.

11. Revocation of L.N 183/2019

The Standards (Verification of Conformity to Kenya Standards and Other Applicable Regulations) Regulations, 2019, are revoked.

SCHEDULE [r. 4]

CRITERIA FOR EXEMPTION OF SPECIFIC PRODUCTS FROM PRE-SHIPMENT VERIFICATION OF CONFORMITY REQUIREMENTS

No.CATEGORYREQUIRED DOCUMENTS
1.Industrial raw materials excluding materials specified by the Council, completely knocked down kits for road vehicles, machinery and industrial spares imported by registered manufacturers for own use(a) Certificate of registration of the manufacturer or assembler issued by the Bureau or any other regulatory agency responsible for regulating manufactured products
(b) Certificate of analysis or material safety datasheet for raw materials
2.Equipment and original equipment manufacturers (OEM) parts for licensed power generation companiesEvidence of original equipment manufacturer warranty
3.Original equipment medical manufacturer’s parts for medical equipment(a) Evidence of original equipment manufacturer for spare parts
(b) Evidence of manufacturer’s warranty
4.Products imported by diplomats and diplomatic missions except motor vehiclesForm PRO 1A or PRO 1B issued by the Ministry of Foreign Affairs
5.Courier parcels with a value specified by the Council and direct assessment items approved by the Kenya Revenue Authority(a) Parcel handler’s license issued by the Communications Authority of Kenya
(b) Direct assessment documents approved by the Kenya Revenue Authority
6.Products certified by the Bureau under the Diamond Mark SchemeValid Diamond Mark Permit issued by the Bureau
7.Products manufactured within the East African Community(a) Certificate of origin
(b) Product Certification Permit or Certificate of Analysis (Raw Materials) or Test Report issued by the respective National Standards Body of the Country of Origin
8.Used personal effects belonging to returning residents and arriving expatriates excluding road vehiclesApproval by the Kenya Revenue Authority
9.General consumables (stores) imported by international carriers for in-flight orships services and duty- free products(a) Proof of licensing as an international carrier
(b) Authority by Kenya Revenue Authority to operate as duty-free
10.Re-importsRe-importation certificate issued by the Kenya Revenue Authority
11.Temporary imports(a) Proof of bond execution with Kenya Revenue Authority
(b) Carnet certificate (for road vehicles)
12.New road vehicles and new mobile equipmentManufacturer’s warranty or type approval
13.Printed matter and recorded digital mediaDeclaration that the material has not violated any intellectual property rights
14.The following products regulated under specific laws:(1) explosives, arms and ammunition(2) plants, seeds and planting materials(3) live animals, carcasses and hatching eggs(4) tissues and organs(5) human and veterinary pharmaceutical products(6) pesticides(7) aircraft and aircraft parts(8) marinecraft and marinecraft parts(9) radioactive materials and isotopesProof of compliance with the relevant Regulations
15.New motor vehicle parts imported from the manufacturer of the vehicle to which the parts are to be fitted or their authorized representative.(a) Evidence that the exporter is the original vehicle manufacturer or evidence of authorization by the vehicle manufacturer in the case of authorized representative.(b) Manufacturer’s warranty of the parts.(c) Evidence of registration by KEBS as importers of those parts.(d) Evidence of conformity of the parts with applicable standards.
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