Point in Time
Act No: CAP. 345
Act Title: FERTILIZERS AND ANIMAL FOODSTUFFS
[ Date of commencement: 4th August, 1967. ]
[ Date of assent: 24th August, 1962. ]
1.
Short title

This Act may be cited as the Fertilizers and Animal Foodstuffs Act.

3.
Restrictions on importation, manufacture, selling, etc.
(1)

No person shall import, manufacture, compound, mix or sell any fertilizer or animal foodstuff other than a substance declared by rule made under section 19 of this Act to be an approved fertilizer or an approved animal foodstuff, as the case may be.

(2)

No person shall import, manufacture, compound, mix or sell any fertilizer or animal foodstuff in respect of which rules have been made under paragraph (a) of subsection (1) of section 19 of this Act unless the fertilizer or animal foodstuff conforms to the standard or specification prescribed by such rules:

Provided that it shall be a sufficient defence for anyone charged with importing or selling in contravention of this subsection to show that—

(i) he imported or purchased the fertilizer or animal foodstuff under a name or brand the subject of a declaration pursuant to subsection (1) of this section, as being the same in all respects as the article which he had ordered or, as the case may be, which he later purported to sell; and
(ii) he had no reason to believe at the time of importation or sale that it was in any respect different from such article; and
(iii) the container thereof was branded, labelled, marked or sealed in the prescribed manner; and
(iv) in the case of a sale, he sold it in the original container and in the state in which it was when he imported or purchased it.
(3)

Any person who contravenes any of the provisions of this section shall be guilty of an offence.

(4)

Nothing in this section shall render illegal the addition to animal foodstuffs of condiments, growth stimulants, essential food factors or pharmaceutical preparations for the control of disease.

7.
Use of unsterilized bone or other substance

Any person who, for the purpose of the manufacture or sale of a fertilizer or animal foodstuff, uses any bone or other substance derived from an animal carcass which has not been either—

(a)

imported on a certificate in accordance with subsection (1) of section 4; or

(b)

sterilized in accordance with subsection (1) of section 5,

of this Act, shall be guilty of an offence.

11.
Analyst’s certificates
(1)

Every certificate of an analyst issued under this Act shall be in the form prescribed.

(2)

Where any method is prescribed for the analysis of any fertilizer or animal foodstuff the analyst shall in his certificate declare that he has followed the prescribed method.

(3)

Any person who causes or permits any copy of an analyst’s certificate obtained under this Act to be used in any advertisement shall be guilty of an offence.

12.
Deleterious ingredients
(1)

Any person who sells a fertilizer or animal foodstuff containing deleterious ingredients shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months, unless he proves—

(a)

that he did not know and could not with reasonable care have known that the fertilizer or animal foodstuff contained a deleterious ingredient; and

(b)

where he obtained the fertilizer or animal foodstuff from some other person, that on demand by or on behalf of the prosecutor he gave all the information in his power with respect to the person from whom he obtained it, and as to any statement given to him and any mark applied to the fertilizer or animal foodstuff when he obtained it:

Provided that proceedings for an offence under this section shall not be instituted unless the fertilizer or animal foodstuff has been sampled by an inspector in the prescribed manner on the premises on which it was sold and the sample has been analysed in accordance with the provisions of this Act and of any rules made thereunder.

(2)

Any substance prohibited by rules made under paragraph (b) of subsection (1) of section 19 of this Act shall, if present in a fertilizer or animal foodstuff or, where a percentage limit has been prescribed by such rules, if present in excess of that limit, as the case may be, be deemed to be a deleterious ingredient unless the contrary is proved.

13.
Offence and penalties

Any person who—

(a)

obstructs, hinders, deceives or misleads an inspector in the exercise of his powers or the performance of his duties under this Act or any rules made thereunder; or

(b)

knowingly makes use of, issues or maintains any false or misleading records, statement, document, declaration, marking or label in connexion with the manufacture, importation, mixing, compounding or sale of any fertilizer or animal foodstuff,

shall be guilty of an offence and liable, for a first offence, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months or to both such fine and such imprisonment, and for a second or subsequent offence to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

14.
Evidence

In any proceedings under this Act, unless the contrary is proved—

(a)

a sample of a fertilizer or animal foodstuff drawn by an inspector shall be deemed to be of the same composition, to have the same degree of efficacy and, except in so far as the taking of the sample causes it to be otherwise, to possess in all other respects the same properties as the whole from which it was drawn;

(b)

a certificate of analysis purporting to be signed by an analyst shall be accepted as prima facie proof of the facts stated therein.

15.
Criminal liability of managers, agents and employees
(1)

Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, then unless it is proved that—

(a)

in doing or omitting to do that act the manager, agent or employee was acting without the connivance or permission of the manufacturer, importer or owner; and

(b)

all reasonable steps in addition to withholding such connivance and permission were taken by the manufacturer, importer or owner to prevent such act or omission; and

(c)

it was not under any condition or in any circumstances within the scope of the authority or in the course of the employment of the manager, agent or employee to do or omit to do such act,

the manufacturer, importer or owner, as the case may be, shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof.

(2)

Whenever any manager, agent or employee of a manufacturer, importer or owner of a fertilizer or animal foodstuff does or omits to do any act which it would be an offence under this Act for such manufacturer, importer or owner to do or omit to do, he shall be liable to be convicted and sentenced therefor as if he were the manufacturer, importer or owner and may be so convicted and sentenced in addition to such manufacturer, importer or owner.

17.
Supplementary orders on conviction

A court convicting any person of an offence against this Act or against any rules made thereunder may make such order as the Court shall deem proper, as to—

(a)

the forfeiture or disposal of any fertilizer, animal foodstuff, bone or other product of an animal carcass;

(b)

the payment by the defendant of all or any fees and other expenses incidental to the analysis of a fertilizer or animal foodstuff,

in respect of which the conviction is obtained.