Food Safety Compliance Policy (Kenya)
FOOD SAFETY COMPLIANCE POLICY
Food, Drugs and Chemical Substances Act Cap. 254 | Public Health Act Cap. 242 | Standards Act Cap. 496
Business: [Business Name] (BRS/Registration No.: [Business Registration Number])
Principal Premises: [Business Address]
Single Business Permit No.: [SBP Number]
County of Operation: [County of Operation]
Effective Date: [Effective Date]
Policy Owner: [Policy Owner]
1. PURPOSE AND SCOPE
1.1 This Food Safety Compliance Policy establishes the rules, procedures, and responsibilities governing the handling, preparation, storage, and distribution of food by [Business Name] at its premises in [County of Operation], in compliance with the Food, Drugs and Chemical Substances Act Cap. 254, the Public Health Act (Cap. 242), and the Kenya Bureau of Standards (KEBS) specifications referenced in this Policy.
1.2 This Policy applies to all employees, contractors, casual workers, and any other persons who handle food or food contact surfaces at the business premises of [Business Name]. It covers the following food operations: [Food Operation Type], including the following product categories: [Product Categories].
1.3 This Policy shall be reviewed annually and whenever there is a material change in the business's food operations, product categories, or applicable regulatory requirements.
2. REGULATORY AND STANDARDS FRAMEWORK
2.1 [Business Name] operates under the following regulatory framework:
(a) Food, Drugs and Chemical Substances Act Cap. 254 — primary statute prohibiting the sale, preparation, or storage of adulterated, injurious, or misrepresented food under Section 3;
(b) Public Health Act (Cap. 242) — enforced by the county public health officer for [County of Operation]: [County Public Health Officer];
(c) Standards Act (Cap. 496) — administered by the Kenya Bureau of Standards (KEBS), KEBS Certification No.: [KEBS Certification Number];
(d) Agriculture and Food Authority Act No. 13 of 2013 (where applicable to agricultural produce);
(e) Occupational Safety and Health Act No. 15 of 2007 (OSHA) — general duty to protect worker health;
(f) Applicable KEBS Kenya Standards: [KEBS Standards Applicable].
3. FOOD HANDLING AND PERSONAL HYGIENE
3.1 All food handlers must wash hands thoroughly: [Handwashing Frequency]. Handwashing must use soap and clean water for a minimum of 20 seconds.
3.2 All food handlers must wear the following protective clothing at all times in food handling areas: [Protective Clothing Requirements].
3.3 All food handlers must hold a valid Food Handler's Certificate issued by the [County of Operation] Public Health Department, renewed [Certificate Renewal Period]. [Business Name] shall maintain a register of current Food Handler's Certificates available for inspection by the county public health officer.
3.4 Any food handler displaying symptoms of a communicable disease, gastrointestinal illness, or open wound must immediately report to the Policy Owner ([Policy Owner]) and must not handle food or food contact surfaces until medically cleared.
3.5 The business currently employs approximately [Number of Food Handlers] food handlers subject to this Policy.
4. STORAGE AND TEMPERATURE CONTROL
4.1 Temperature requirements: [Cold Storage Temp]. Temperature monitoring logs must be recorded at least twice daily and retained for [Record Retention Period].
4.2 All food stock must be stored using FIFO (first in, first out) rotation. Each item must be labelled with the date of receipt and expiry date.
4.3 Dry goods must be stored off the floor on racking in clean, dry, pest-free conditions. Food must not be stored adjacent to chemicals, cleaning agents, or non-food items.
4.4 Imported ingredients must be accompanied by valid import permits from the Agriculture and Food Authority (AFA) or the Kenya Plant Health Inspectorate Service (KEPHIS) as applicable.
5. CLEANING AND SANITATION
5.1 Cleaning frequency: [Cleaning Schedule]. All food contact surfaces, equipment, and food preparation areas must be cleaned and sanitised in accordance with this schedule.
5.2 Only cleaning chemicals approved for use in food premises shall be used. Where pesticides or disinfectants are used, they must comply with the Pest Control Products Act (Cap. 346). Cleaning chemical records must be maintained and available for inspection.
5.3 Cleaning logs — recording the area cleaned, method, chemical used, temperature, and initials of the responsible food handler — must be completed after each cleaning event and retained for [Record Retention Period].
6. TRAINING AND RECORD-KEEPING
6.1 All food handlers must receive food safety training: [Training Frequency]. Training must cover the requirements of this Policy, personal hygiene, temperature control, cleaning procedures, and the recall process.
6.2 Training records — including dates, topics covered, trainer details, and attendee signatures — must be retained for [Record Retention Period] and produced on request to county public health officers or KEBS inspectors.
6.3 The following records must be retained for [Record Retention Period]: temperature monitoring logs; cleaning logs; Food Handler's Certificate register; supplier documentation (KEBS certifications, AFA registrations, import permits); inspection reports; and complaint and recall records.
7. SUPPLIER VERIFICATION
7.1 [Business Name] shall only purchase food ingredients and raw materials from approved suppliers who hold applicable KEBS certification, AFA registration, or other required regulatory approvals. Supplier documentation must be verified before placing an initial order and re-verified annually.
7.2 Incoming deliveries must be inspected for quality, labelling compliance, temperature integrity, and packaging condition. Rejected deliveries must be documented and segregated from compliant stock.
8. INCIDENT RESPONSE AND PRODUCT RECALL
8.1 The designated recall manager is: [Recall Contact Name]. Upon discovering a food safety incident or product defect, the recall manager must:
(a) Immediately withdraw the affected product from sale and quarantine existing stock;
(b) Notify the county public health officer for [County of Operation] and, where the product is regulated by AFA or KEBS, those bodies;
(c) Preserve samples of the affected product for laboratory testing by the Government Chemist under the Government Analyst Act (Cap. 252);
(d) Issue consumer-facing communications consistent with the Consumer Protection Act No. 46 of 2012;
(e) Document all recall steps — affected batches, notification steps, quantities withdrawn, and corrective actions — for regulatory review.
8.2 Complaints from customers about food safety must be investigated by [Policy Owner] within 48 hours of receipt and documented in the complaints register.
9. COMPLIANCE AND ENFORCEMENT
9.1 Any breach of this Policy by a food handler or employee may result in disciplinary action under the business's employment terms and relevant provisions of the Employment Act No. 11 of 2007.
9.2 Selling, preparing, or storing food that is adulterated, injurious to health, or misrepresented is a criminal offence under Section 3 of the Food, Drugs and Chemical Substances Act Cap. 254. Conviction may result in fines, imprisonment, or cancellation of the Single Business Permit.
9.3 Under the Consumer Protection Act No. 46 of 2012, consumers who suffer harm from unsafe food may pursue civil claims for damages in Kenya Shillings (KES) before the courts.
9.4 Internal disputes or complaints relating to this Policy should be directed to: [Dispute Resolution Contact].
Adopted by [Business Name] on [Effective Date].
Policy Owner / Authorised Signatory
________________
Signature
Witness
________________
Signature
What Is a Food Safety Compliance Policy (Kenya)?
A Food Safety Compliance Policy in Kenya is a formal internal document that sets out the rules, procedures, and responsibilities governing the handling, preparation, storage, and distribution of food within a business or organisation, in accordance with the Food, Drugs and Chemical Substances Act Cap. 254 and the Standards Act (Cap. 496) administered by the Kenya Bureau of Standards (KEBS).
The Food, Drugs and Chemical Substances Act Cap. 254 is Kenya's primary statute regulating the safety of food intended for human consumption. Section 3 of Cap. 254 prohibits the sale, preparation, packaging, storage, or advertisement of any food that is adulterated, injurious to health, or not of the nature, substance, and quality demanded by the purchaser. The Act is administered jointly by the Public Health Department under the Ministry of Health and county governments through county public health officers appointed under the Public Health Act (Cap. 242). Violations carry criminal penalties including fines and imprisonment, and the relevant county or national authority may seize and destroy non-compliant food products without compensation.
Kenya Bureau of Standards (KEBS) publishes Kenya Standards (KS) specifications for food products, including KS EAS 38 on hygiene requirements for food businesses, KS 05-459 on general principles of food hygiene, and product-specific standards for dairy, meat, cereals, and beverages. Businesses operating food premises must obtain a Food Hygiene Certificate from the county public health officer as a condition of the Single Business Permit issued under the Business Licensing (Amendment) Act 2007. Non-compliance with KEBS standards may result in suspension or cancellation of the food business permit.
The Kenya Food and Drugs Authority (now part of the Pharmacy and Poisons Board and the Agriculture and Food Authority (AFA)) oversees food safety for specific product categories — AFA regulates agricultural food products under the Agriculture and Food Authority Act No. 13 of 2013, including produce from the tea, coffee, horticulture, and sugar sectors. Food businesses importing products must register with the Kenya Revenue Authority (KRA) and obtain import permits from AFA or the Pest Control Products Board (PCPB) as applicable under the Pest Control Products Act (Cap. 346).
A Food Safety Compliance Policy is distinct from a Food Safety Management System (FSMS) implemented under ISO 22000:2018 (the international standard for food safety management systems) or Kenya's KS ISO 22000. While an FSMS is a thorough operational system, a Food Safety Compliance Policy is the foundational governance document that assigns accountability, defines minimum standards, and prescribes corrective action procedures. Large food manufacturers listed on the Nairobi Securities Exchange (NSE) are expected to disclose their food safety governance frameworks in annual sustainability reports.
The policy governs all employees, contractors, and suppliers who handle food or food contact surfaces within the business premises. It operates alongside the Occupational Safety and Health Act No. 15 of 2007 (OSHA), which imposes general duties on employers to protect the health and safety of workers, including those working with food processing equipment and chemicals used in food production or cleaning.
The legal framework governing the Food Safety Compliance Policy (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Parties executing a Food Safety Compliance Policy (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Food, Drugs and Chemical Substances Act Cap. 254 sets the foundational requirements.
When Do You Need a Food Safety Compliance Policy (Kenya)?
A Food Safety Compliance Policy in Kenya is required whenever a business or organisation handles, prepares, stores, or distributes food for sale or consumption, and several specific circumstances make a written policy particularly urgent.
A food business applying for or renewing a Single Business Permit from the relevant county government — whether in Nairobi City County, Mombasa County, or any of Kenya's 47 counties — must demonstrate compliance with county food safety by-laws modelled on the Public Health Act (Cap. 242). County public health officers conduct routine inspection visits and may require production of a written Food Safety Compliance Policy as evidence of systematic food safety management.
A food manufacturer or processor seeking Kenya Bureau of Standards (KEBS) certification for a food product — a prerequisite for lawfully affixing the Diamond Mark of Quality on packaged goods — must show that its production facility operates under a documented food safety policy. KEBS inspectors assess document control, staff training records, and complaint-handling procedures as part of the certification audit.
A catering business, hotel, or restaurant tendering for a contract to supply food to a government institution, public university, or county health facility must include a Food Safety Compliance Policy in its tender documents. The Public Procurement and Asset Disposal Act No. 33 of 2015 requires procuring entities to assess the health and safety compliance of food suppliers.
A food exporter targeting the European Union, the United Kingdom, or the United States needs a documented food safety policy to satisfy the importing country's border control requirements. The EU's General Food Law Regulation (EC) No. 178/2002 and the US Food Safety Modernization Act (FSMA) require foreign suppliers to maintain documented food safety systems. Kenya's horticultural exporters operating under the Kenya Plant Health Inspectorate Service (KEPHIS) must align their policies with GlobalG.A.P. Certification standards.
A food business that has experienced a foodborne illness incident, a product recall, or a complaint to the county public health office requires a written Food Safety Compliance Policy to demonstrate corrective action and prevent regulatory enforcement proceedings under Section 3 of the Food, Drugs and Chemical Substances Act Cap. 254.
What to Include in Your Food Safety Compliance Policy (Kenya)
A Food Safety Compliance Policy for a Kenya business under the Food, Drugs and Chemical Substances Act Cap. 254 must contain the following essential elements to be effective and enforceable.
Scope and Applicability: A clear statement of which business premises, operations, product categories, and personnel are covered by the policy. The scope must reference the specific Single Business Permit number issued by the county government and identify the county public health officer responsible for the business premises. Where the business operates across multiple counties, each county's applicable by-laws should be referenced.
Legal and Regulatory Framework: Express reference to the Food, Drugs and Chemical Substances Act Cap. 254; the Public Health Act (Cap. 242); relevant Kenya Bureau of Standards specifications including KS EAS 38 and KS ISO 22000; the Agriculture and Food Authority Act No. 13 of 2013 (where applicable to agricultural produce); and any sector-specific regulations such as the Dairy Industry Act (Cap. 336) for dairy processors or the Meat Control Act (Cap. 356) for meat handlers. The policy should note the role of the county public health officer in enforcement and inspection under the County Governments Act No. 17 of 2012.
Food Handling and Hygiene Standards: Minimum personal hygiene requirements for all food handlers — handwashing procedures, health screening obligations, restriction of personnel with communicable diseases from food contact areas, and requirements for clean protective clothing. Reference to Kenya Standard KS 05-459 (General Principles of Food Hygiene) as the baseline for handling practices. Food handlers must hold a valid Food Handler's Certificate issued by the county public health department, renewed annually.
Storage and Temperature Control: Prescribed temperature ranges for cold storage (below 5°C for chilled products, below -18°C for frozen products), dry goods storage protocols, FIFO (first in, first out) rotation requirements, and procedures for labelling stock with receipt and expiry dates. Alignment with KEBS KS EAS 38 temperature monitoring requirements.
Cleaning and Sanitation: Scheduled cleaning procedures for food contact surfaces, equipment, storage areas, and food preparation areas; approved cleaning chemicals and their concentrations (noting obligations under the Pest Control Products Act Cap. 346 where pesticides or disinfectants are used); and documented cleaning logs to be retained for at least two years.
Supplier and Ingredient Verification: Procedures for approving suppliers, verifying KEBS certification or AFA registration of ingredients, and retaining supplier documentation. Imported ingredients must be accompanied by valid import permits from AFA or KEPHIS as applicable.
Incident Response and Recall Procedures: Steps to be taken when a food safety incident occurs — product withdrawal, notification to the county public health officer, preservation of samples for testing by the Government Chemist under the Government Analyst Act (Cap. 252), and communication with affected customers. Forms-legal.com provides this Kenya Food Safety Compliance Policy template as a starting point for businesses seeking to document their food safety governance in line with Kenyan law and KEBS standards.
Training and Records: Minimum annual food safety training requirements for all food handlers; record-keeping obligations for training certificates, temperature logs, cleaning records, supplier documentation, and inspection reports; and retention periods of at least three years to support compliance audits by county public health officers or KEBS inspectors.
Additional compliance elements for a Food Safety Compliance Policy (Kenya) used in Kenya include: Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.
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Forms Legal. (2026). Food Safety Compliance Policy (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/business/policies/food-safety-compliance-policy-kenya
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note = {Free legal document template}
}Frequently Asked Questions
A written Food Safety Compliance Policy is not explicitly mandated by a single section of the Food, Drugs and Chemical Substances Act Cap. 254, but it is effectively required as a practical matter for any food business seeking licensing, certification, or government contracts in Kenya. County governments across Kenya's 47 counties issue Single Business Permits for food premises conditional on compliance with the Public Health Act (Cap. 242) and county food safety by-laws. County public health officers conducting routine inspections under Cap. 242 expect food businesses to demonstrate systematic food safety management through documented procedures. The Kenya Bureau of Standards (KEBS) requires applicants for the Diamond Mark of Quality certification to maintain documented food safety management systems aligned with KS ISO 22000. Food businesses tendering for government supply contracts under the Public Procurement and Asset Disposal Act No. 33 of 2015 must demonstrate health and safety compliance, which in practice requires a written policy.
Food safety in Kenya is enforced by multiple overlapping authorities. The Public Health Department under the Ministry of Health and county governments enforce the Food, Drugs and Chemical Substances Act Cap. 254 and the Public Health Act (Cap. 242) through county public health officers who inspect food premises, issue Food Hygiene Certificates, and may initiate prosecutions for non-compliance. The Kenya Bureau of Standards (KEBS), established under the Standards Act (Cap. 496), sets and enforces Kenya Standards specifications for food products and certifies food manufacturers under the Diamond Mark of Quality scheme. The Agriculture and Food Authority (AFA), established under the Agriculture and Food Authority Act No. 13 of 2013, regulates the safety of agricultural food products including tea, coffee, sugar, horticulture, and dairy. The Kenya Plant Health Inspectorate Service (KEPHIS) controls the import and export of plant-based food products. The Government Chemist under the Government Analyst Act (Cap. 252) conducts laboratory analysis of food samples in enforcement proceedings. These bodies operate concurrently, and a food business must maintain compliance with each regulator relevant to its product category.
Under the Food, Drugs and Chemical Substances Act Cap. 254, selling, preparing, packaging, storing, or advertising food that is adulterated, injurious to health, or misrepresented is a criminal offence. Conviction can result in a fine, imprisonment, or both, depending on the severity of the offence. The prosecuting authority — typically the county public health officer or a national health inspector — may apply to a magistrate for a warrant to enter and inspect premises, seize suspected unsafe food, and destroy it without compensation to the owner. Repeat offenders may have their Single Business Permit cancelled by the county government. Under the Consumer Protection Act No. 46 of 2012, consumers who suffer harm from unsafe food may pursue civil claims for damages. The Competition Authority of Kenya may investigate misleading food labelling claims under the Competition Act No. 12 of 2010. Exporters who supply unsafe food to international markets may also face suspension of export certificates issued by AFA or KEPHIS, resulting in significant commercial loss.
Yes. County public health departments across Kenya require food handlers — anyone who directly handles food or food contact surfaces in a commercial food business — to hold a valid Food Handler's Certificate, typically renewed annually. This requirement derives from the Public Health Act (Cap. 242) and county public health regulations. A Food Safety Compliance Policy should specify the obligation for all food handlers to obtain and maintain current Food Handler's Certificates, assign responsibility for tracking renewal dates, and maintain a register of certificates available for inspection by the county public health officer. The policy should also prescribe health screening obligations: food handlers with communicable diseases, open wounds, or gastrointestinal symptoms must be excluded from food contact areas. Failure to hold valid Food Handler's Certificates is one of the most common grounds on which county public health officers issue corrective notices or suspend food business permits during routine inspections.
A food business in Kenya that discovers a product safety defect should act immediately under the Food, Drugs and Chemical Substances Act Cap. 254 and the Consumer Protection Act No. 46 of 2012. The first step is to withdraw the affected product from sale and quarantine existing stock. The business must notify the county public health officer and, where the product is regulated by AFA or KEBS, those bodies as well. Samples of the affected product should be preserved and submitted to the Government Chemist under the Government Analyst Act (Cap. 252) for independent testing. Consumer-facing communication should follow the Consumer Protection Act's requirements for fair disclosure. The business must maintain a full record of the recall — including the scope of affected batches, notification steps, quantities withdrawn, and corrective actions taken — for regulatory review. A well-drafted Food Safety Compliance Policy should include a pre-approved recall protocol naming the responsible manager, the notification chain, and record-keeping obligations to reduce response time in an actual recall event.
The Kenya Bureau of Standards (KEBS), established under the Standards Act (Cap. 496), publishes Kenya Standards (KS) that define minimum quality and safety specifications for food products sold in Kenya. Compliance with applicable KEBS standards is mandatory for food businesses seeking the Diamond Mark of Quality certification, which is required on certain categories of pre-packaged food. Key food safety standards include KS EAS 38 (Hygiene requirements for food businesses), KS ISO 22000 (Food safety management systems), and product-specific standards for categories such as dairy, meat, cereals, and beverages. KEBS conducts market surveillance to detect non-compliant products and may seize sub-standard goods under the Standards Act. Food businesses that fail KEBS inspections face suspension of their certification, which can disrupt both domestic sales and export contracts. A Food Safety Compliance Policy aligned with KEBS requirements demonstrates to auditors, buyers, and regulators that the business has a systematic approach to food safety governance.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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