The Kenya Bureau of Standards (Kebs) has launched investigations into Chinese retail chains selling products labelled entirely in Mandarin in Kenya after a Business Daily investigation that highlighted how the products violated the law.
For consumers, the label on a product is often the first and sometimes only source of information about what they are buying, which is why it is dictated by different laws.
A range of rules and regulations requires manufacturers, importers and sellers to provide specified information and prohibits them from making representations that could mislead consumers.
The rules vary depending on the product, but the main legal framework comes from the Standards Act, the Consumer Protection Act, the Weights and Measures Act and sector-specific laws governing products such as food, chemicals, medicines and pesticides.
What labels must appear on a product?
For ordinary pre-packed goods, the Weights and Measures (Sale and Labelling of Goods) Rules require packages to carry clear information including the manufacturer’s name and address, the common or generic name of the goods, and the quantity, net weight or measure.
Certain products must also carry a date marking showing the last day by which they may be sold.
The information must generally be displayed conspicuously on the principal display panel, in English, Kiswahili or both languages. The rules prescribe a minimum letter or number height of 2mm.
Imported products must additionally carry the name and address of the Kenyan importer, alongside the manufacturer’s or packer’s details.
Where does Kebs come in?
Kebs is the country’s national standards body and plays a central role in product conformity and market surveillance.
Under the Standards Act, Kebs can develop and enforce standards covering characteristics such as quality, composition, packaging, marking and labelling. Where a product is subject to a mandatory standard, compliance is a legal requirement rather than a voluntary quality choice.
For locally manufactured products covered by mandatory standards, the Standardisation Mark is mandatory. Kebs says manufacturers must meet the relevant Kenya Standard before receiving permission to use the mark, and the Standardisation Mark and permit number are then displayed on the product label.
Imported products can also be subject to conformity verification. Kebs operates pre-market systems and market surveillance, with inspections and testing used to establish whether products comply with applicable standards. Its market-surveillance function covers products ranging from food and chemicals to electronics, textiles and agricultural products.
What are consumers entitled to expect?
The Consumer Protection Act gives consumers the right to receive sufficient information about a product to enable them to make informed purchasing decisions.
This is particularly important for product labelling because information on the package can determine whether a consumer understands what they are buying, how it should be used and whether it is suitable for them.
This means a consumer should not have to buy a product without having basic facts necessary to make an informed decision. Depending on the product, this can include its identity, quantity, ingredients or composition, manufacturer or importer, expiry or best-before information, instructions for use, warnings and other safety information.
The right is especially important where a product poses health or safety risks. A consumer cannot make a meaningful choice about whether to buy or use a product if important information about its contents, risks or proper use is unavailable or presented in a language or manner they cannot reasonably understand.
Are there exceptions?
There are some exceptions where importers may be allowed to import goods that do not comply with the labelling standards. Goods of 50 gramms or 50 millilitres or less where the sale price does not exceed Sh50 may be exempted from re-labelling. The Cabinet Secretary can also exempt particular goods, consignments or classes of goods from some or all of the requirements through a Gazette notice.
There are also practical exceptions within the rules. Where a package is too small to accommodate the manufacturer’s or packer’s name and address, a trade mark or other identifying mark can be used instead. And where products are pre-packed and sold at retail on the same premises, the manufacturer’s or packer’s address need not appear on the package.
But these exceptions are not a general licence to sell inadequately labelled goods. Sector-specific laws may impose additional or stricter requirements, and an exemption under one set of rules does not automatically exempt a product from other applicable laws.
What happens if a business ignores rules?
The consequences range from administrative enforcement to criminal prosecution.
Under the Standards Act, offences for which no specific penalty is provided can attract, for a first offence, imprisonment of up to 12 months or a fine of up to Sh1 million, or both.
A second or subsequent offence can attract imprisonment of up to three years or a fine, or both. Continuing offences can attract an additional fine of up to Sh100,000 for each day or part of a day that the offence continues.
A court can also confiscate and order the destruction of non-compliant goods at the offender’s expense, or prohibit their manufacture or sale until they comply with the relevant Kenya Standard.
The Weights and Measures Act separately makes certain labelling and quantity offences criminal offences. The labelling rules carry a penalty of up to Sh20,000, up to three years’ imprisonment, or both.