Product labelling in Kenya is governed by multiple laws designed to ensure consumers receive essential information about the goods they purchase. These regulations apply to manufacturers, importers, and sellers, aiming to prevent misleading claims and promote transparency.
Key Legal Frameworks
- Standards Act: Empowers the Kenya Bureau of Standards (KEBS) to develop and enforce product standards, including labelling requirements.
- Consumer Protection Act: Guarantees consumers the right to adequate product information for informed decisions.
- Weights and Measures Act: Specifies labelling rules for pre-packaged goods, including mandatory details like manufacturer identity and quantity.
- Sector-specific laws: Additional rules apply to products such as food, chemicals, medicines, and pesticides.
Labelling Requirements
For pre-packed products, labels must clearly display the manufacturer's name and address, product name, and net quantity or weight. Certain goods also require a date indicating the last sale day. Labels should be in English, Kiswahili, or both, with minimum font sizes to ensure readability.
Imported products must include the Kenyan importer's details alongside the foreign manufacturer’s information. In cases where packaging is too small, trademarks or identifying marks may substitute for full addresses.
Role of KEBS
KEBS oversees compliance through pre-market approvals and market surveillance. Products subject to mandatory standards must bear the Standardisation Mark, indicating conformity. Non-compliant goods may be confiscated or barred from sale.
Consumer Rights and Exceptions
The Consumer Protection Act ensures buyers receive sufficient details, including ingredients, expiry dates, usage instructions, and safety warnings. Some exemptions exist, such as small items under 50 grams or millilitres priced below Sh50, and cases approved by the Cabinet Secretary.
Penalties for Non-Compliance
Businesses ignoring labelling laws face penalties ranging from fines to imprisonment. Initial offences under the Standards Act can lead to up to 12 months in jail or a Sh1 million fine; repeat offences carry harsher sentences. The Weights and Measures Act also imposes fines up to Sh20,000 or imprisonment for labelling violations.