Related documents
- Is amended by 24th Annual Supplement
- Repeals Dairy Industry (Carriage of Milk) Regulations, 1964

LAWS OF KENYA
DAIRY INDUSTRY ACT
THE DAIRY INDUSTRY (DAIRY PRODUCE SAFETY) REGULATIONS
LEGAL NOTICE 22 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 51 on 12 March 2021
- Commenced on 12 March 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Dairy Industry (Dairy Produce Safety) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Dairy Industry Act (Cap 336);"adulteration" means the addition or subtraction of any substance to or from dairy produce so that the natural composition and quality of dairy produce is negatively affected;"approved" means approved by the Board;"aseptic processing" means a process that is used to subject dairy product to a sufficient heat treatment process and packaged aseptically in a hermetically sealed container to maintain commercial sterility of the product under normal non-refrigerated conditions;"Board" means the Kenya Dairy Board;"bulk milk collection tanker" includes a truck and tank and its accessory equipment used to transport bulk raw or processed milk from a dairy farm, or a milk collection center, to a milk processing plant or retail milk shop;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the dairy industry;"carry" in relation to dairy produce includes—3. Application
These Regulations apply in respect to dairy produce and the activities that affect the safety of dairy produce throughout the dairy value chain.4. Objects of the Regulation
The objects of these Regulations are—Part II – SAFETY OF DAIRY PRODUCE
5. Conditions for Sale of dairy produce
6. Safety Practices
A person shall not trade in, sell or otherwise offer for sale any dairy produce which is not compliant with the relevant standard.7. Conditions for sale of dairy produce
A person shall, for the purpose of destroying or deactivating microorganisms in dairy produce, only process or manipulate the produce through—8. Requirement to impound, destroy and cancellation of permit
9. Adulterated or misbranded milk
10. Offence for not meeting standards
Any person who fails to comply with any of the provisions of this Part shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a period not exceeding twelve months, or both such fine and imprisonment.Part III – LABELING OF DAIRY PRODUCE
11. Application
This Part applies to labeling and packaging of dairy produce in accordance with the relevant Standard.12. Information on labeling to be clear
Information required to be shown on the label of dairy produce, container, truck or vehicle shall be in accordance to the standard.13. Exception from labeling requirements
Regulation 10 shall not apply to a milk tank truck, milk can containing raw milk, a storage tank for raw or pasteurized milk, or a milk storage tank in a milk collection center.14. Identification on containers to be by name or number
Every container for raw milk from individual dairy farms shall be identified by the name or number unique to each individual milk producer at the collection center or the processing plant.15. Several plants operated by same company
Where a company operates more than one processing plant, only one common name shall be indicated on all its containers or packages in addition have a system capable of identifying where the produce was obtained or processed and packaged.16. Contract processing
Where a person processes, purchases or distributes dairy produce at a different processing plant other than their own, the name and the address of the other corresponding plant shall be indicated on the label.17. Duty of dairy business operator
A dairy business operator shall ensure that the labeling is done in accordance with the requirements of the relevant standard.18. Offence to use misleading mark, words, etc.
Part IV – REQUIREMENTS FOR EXAMINING OF DAIRY PRODUCE
19. Examining, testing and disposal of dairy produce
The procedure for—20. Dairy Business Operator to sample dairy produce
21. Sampling for official control
A compliance officer, or a person duly authorized by the Board for that purpose, shall obtain representative samples of dairy produce in the presence of the dairy business operator at any point of the value chain at least quarterly or at any time prior to delivery of the dairy produce to the shop or consumer. Samples obtained shall be at the cost of dairy business operator while the collection and testing cost shall be met by the Board.22. Collection of Samples
A sample of dairy produce from a retail shop, supermarket, grocery shop or any other place where dairy produce is sold shall be examined at least quarterly by a compliance officer or a person duly authorized by the Board for that purpose and the results of such testing shall be used to determine compliance with the relevant standard. Samples shall be obtained at the cost of the Board.23. Recall and withdrawal of non-compliant dairy produce
24. Tests and test methods
The tests and test methods for assessing compliance by a dairy business operator shall be as per the relevant standards.25. Breakdown during processing
Whenever a breakdown during the processing or packaging of dairy produce occurs, a likelihood of a public health risk shall be presumed and the dairy business operator shall take prompt appropriate action to avert the risk.26. Offence to sell or offer for sale substandard dairy produce
Part V – GENERAL REQUIREMENTS
27. General Requirements for Personnel
A person who is involved in collection, transportation, processing, and distribution or in any other way handles milk before it reaches the consumer shall comply with the requirements of the code of practice.28. Qualifications of personnel
A dairy business operator shall ensure that any person handling dairy produce is qualified with relevant competencies which can be demonstrated to the satisfaction of the Board.29. Sanitation requirements and installations
An operator of a milk collection center or dairy processing plant, shall, in addition to general hygiene and operational standards on the part of the personnel, install adequate sanitary facilities and accommodations which shall include—30. Water supply
31. Prohibition for Transportation on Public Service Vehicles
A person shall not transport dairy produce or cause dairy produce for sale to be transported in a passenger public service vehicle or in a vehicle whose design does not meet milk carriage requirements approved by the Board except for packaged dairy produce.32. Prescribed container
33. Prevention of Contamination of raw milk from engine and fuel emissions
A person in charge of a vehicle transporting milk shall—34. Requirement for loaders
35. Inspection by Compliance officer
Any carrier or container may be inspected by a compliance officer at any time whenever the compliance officer considers it necessary to do so to assess compliance with these Regulations.36. Prohibit transportation
Where a compliance officer finds that a milk carrier has not complied with the provisions of these Regulations or any other legislation, the compliance officer may in liaison with the relevant authorities, accompany the carrier to its destination, or issue such directions as he or she considers necessary or advisable to ensure compliance with the provisions of these regulations and any other written law.37. Requirements for Dairy equipment, materials and additives
The dairy equipment, materials and additives that are used in the dairy industry shall meet the requirements of the relevant standard.38. Offence and penalties
Any person, who violates or abates in the violation of the provisions of these regulations, commits an offence and is liable to a fine not exceeding ten thousand shillings or one-month imprisonment or to both.Part VI – STORAGE AND DISTRIBUTION OF DAIRY PRODUCE
39. General Requirements
A primary producer or dairy business operator shall ensure that the premises where dairy produce is produced, handled, processed, stored and distributed or in which dairy produce containers, utensils, or equipment are stored, meets the requirement of the relevant standard.40. Requirements for floor construction
The construction of the floor of a building of a room in which dairy produce is handled, packaged, or in which dairy produce containers, utensils, or equipment are stored, shall meet relevant standard.41. Walls and ceilings: Construction
Walls and ceiling of rooms of a building in which dairy produce is handled, packaged, or stored; shall have—41A. Doors and windows
The doors and windows of a building used for storage of dairy produce shall have—42. Lighting and ventilation
43. Requirements for buildings used for storage of dairy produce and equipment
A building that is used for storing dairy produce shall have—44. Vehicles
A vehicle used for distribution of dairy produce shall be constructed so as to ensure that the integrity and the quality of dairy produce is not compromised.45. Offence under the regulation
Any person who contravenes any provisions of these regulations commits an offence and shall be liable, on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding three months or to both.Part VII – DAIRY FARMS
46. Regulation of milk safety in dairy farms
A primary producer shall offer only good quality and safe milk for sale by ensuring that—47. Milking shed design and construction
48. Toilet facilities
49. Dairy Waste management
A primary producer shall ensure that waste from the dairy farm does not pollute the soil surface or contaminate any water supply by ascertaining that—50. Milking Yard
51. Milking Equipment and Sanitation
A primary producer with milking equipment shall ensure that the equipment operate effectively and are maintained in a sanitary condition by observing the following sanitary practices—52. Milk handling and storage equipment
A primary producer shall ensure that the milk handling and storage equipment are recommended for milk handling and storage, including tanks and cans.53. Hygienic milking methods
A primary producer shall ensure that the milking methods permit the efficient withdrawal of milk without contaminating the milk or causing injury to the udder.54. Offence under regulation
Any primary producer who fails to comply with any of the requirements of these Regulations commits an offence and is liable, on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one month or to both such fine and imprisonment.Part VIII – MILK COLLECTION CENTERS
55. Design, location and construction of milk collection centers
A dairy business operator responsible for a milk collection center shall ensure that the facility is designed, located and constructed in a manner that will not contaminate the milk and the environment and shall meet the following requirements—56. Requirement for potable water
A dairy business operator who is responsible for a milk collection center shall maintain sanitary requirements by ensuring that—57. Prevention of milk contamination
An operator of a milk collection center shall ensure that—58. Offence and Penalty
Any dairy business operator who contravenes any of the provisions of the requirements in this Part commits an offence and is liable on conviction to a fine not exceeding five thousand shillings or to an imprisonment not exceeding one month or both such fine and imprisonment.Part IX – MILK BARS
59. Design, Location and construction of a milk bar
An operator of a milk bar shall ensure that the milk bar is located, designed and constructed in a manner that meets the relevant standard, including ensuring that—60. Milk Storage tanks, containers and utensils
A milk bar operator shall ensure that the equipment, utensils, milk storage tanks and containers meet the following requirements—61. Milk bars to sell safe dairy produce
62. Sanitary facilities
A milk bar shall ensure that the premises in which the milk bar is located—63. Requirements for water
A milk bar operator shall ensure that the premises in which the milk bar is located have adequate water supply that—64. Cleanliness and storage of utensils
A milk bar shall ensure that the premises in which the milk bar is located has—65. Storage of packaging material
A milk bar operator shall ensure that—66. Capacity to assess milk quality and keeping of records
67. Handling and storage of dairy produce
A milk bar operator shall ensure that dairy produce is handled and stored in a manner that does not compromise quality and safety and environmental standards.68. Process milk according to Standard
A Milk bar operator shall process dairy produce in accordance with the requirements of relevant standards.69. Offence under Regulation
Any person who violates any of the provisions of these regulations shall be guilty of an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to an imprisonment of not more than three months or both.Part X – MILK DISPENSERS
70. Dispenser location, handling of dairy produce and storage of equipment
A milk dispenser operator shall ensure that—71. General Milk Dispensing Requirements
A milk dispenser operator shall ensure that—72. Requirement for premise
A milk dispenser operator shall, with respect to the premises housing the dispenser, ensure that—73. Toilet and waste management Facilities
A dairy business operator responsible for the milk dispenser shall ensure that the premise have access to sanitary conveniences that—74. Water supply
A dairy business operator responsible for a milk dispenser shall ensure that the premises holding dairy produce and dispensing equipment have access to potable water that—75. Hand washing facilities
A dairy business operator dispensing dairy produce shall ensure that the premises holding dairy produce dispensing equipment has—76. Premise and hygiene cleanliness
A dairy business operator dispensing dairy produce shall ensure that—77. Cleaning and sanitizing of containers and equipment
A dairy business operator operating a dairy produce dispensing equipment shall ensure that—78. Storage of single-service containers utensils and materials
A dairy business operator operating dispensing equipment shall ensure that desired sanitary requirements are attained for the storage of single-service bottle caps, packaging paper, containers, bags and other single-service articles for use in contact with dairy produce.79. Protection from Chemical contamination
A dairy business operator operating a milk dispensing equipment shall ensure that dairy produce in dispensing premises is protected from chemical contamination.80. Milk reception
A dairy business operator operating a dairy produce dispensing equipment shall ensure that—81. Milk storage
A dairy business operator operating a dairy produce dispensing equipment shall—82. Cleaning and calibration of equipment
A dairy business operator operating a dairy produce dispensing equipment shall ensure that—83. Offence under Regulation
Any person who violates any of the provisions of these regulations shall be guilty of an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to an imprisonment of not more than three months or both.Part XI – MILK PROCESSING ESTABLISHMENTS-COTTAGE INDUSTRY, MINI DAIRY AND PROCESSORS
84. Location and surrounding cleanliness
85. Separate rooms to be used for different activities
A milk processing establishment shall have separate designated areas or rooms sections for—86. Toilet and Sanitary facilities
Without prejudice to provisions of Part V of this regulation, a milk processing establishment shall have toilet and sanitary facilities that meet requirements which shall include—87. Water supply
88. Hand washing facilities
89. Dairy plant cleanliness
The dairy business operator shall ensure that—90. Construction and repair of containers and equipment
The construction and repair of milk processing establishment containers and equipment shall be done in such a way that—91. Cleaning and sanitizing of containers and equipment
92. Storage of cleaned containers and equipment
A person responsible for a milk establishment shall ensure that cleaned and sanitized containers and equipment are stored in a manner that prevents contamination.93. Protection from contamination
A person responsible of a milk processing establishment shall protect or cause the dairy produce or ingredients to be protected from contamination.94. Processing of dairy produce
A person responsible of a milk processing establishment shall cause the dairy produce to be processed in accordance with the respective relevant Standard.95. Maintenance of processing equipment
All equipment in a milk processing establishment that is used for processing of dairy produce shall meet the relevant Standard and shall be maintained in a manner that prevents contamination of the dairy produce.96. Handling, storage and transportation of dairy produce
A person responsible for handling, storage or transportation of dairy produce shall ensure that the dairy produce is not contaminated.97. Offence under regulations
Any person who contravenes any provisions of these regulations commits an offence and shall be liable, on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding three months or to both.Part XII – CALIBRATION OF EQUIPMENT AND APPARATUS
98. Requirement for Calibration
Part XIII – RECORDS
99. Requirement for maintenance of records
100. Offence under regulation
A person who contravenes any provisions of these regulations commits an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or an imprisonment to a term not exceeding three months or both.101. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
12 March 2021
Commenced