FOOD SAFETY SUMMIT AFRICA CONFERENCE AND FOOD SAFETY SUMMIT AFRICA CONFERENCE AND EXPO, May 28 – 29, STRATHMORE UNIVERSITY, EXPO, May 28 – 29, STRATHMORE UNIVERSITY,

NAIROBINAIROBI

The Role of the Ministry of Health - Kenya, in Enforcement of Food Safety Regulation

Dr. Kepha M. OmbachoDirector, Public HealthMinistry of Health

What is Food Safety

Are all measures/actions aimed at ensuring that that food will not cause harm to

the consumer

Food Safety Hazards

• A food safety hazard is anything present in food with the

potential to harm the consumer, either by causing illness

or injury.

• Food hazards are either:

1) Biological hazards- bacteria, viruses, and parasites

2) Chemical hazards – pesticides

3) Physical hazards – physical object e.g. hair in food

Constitutional Right to Safe Food

CHAPTER FOUR – THE BILL OF RIGHTS

PART 2 – RIGHTS AND FUNDAMENTAL FREEDOMS

43. Economic and social rights (1)Every person has the right—

(a)to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;

(c) to be free from hunger, and to have adequate food of acceptable quality;

Kenya Food Safety Situation Analysis

• The Kenyan food safety control system is multi-sectoral in approach and is implemented by various Government ministries and regulatory agencies.

• The coordination mechanism among these institutions is currently inadequate.

• Inefficiencies in the national food safety control system has resulted in recurrence of food borne illnesses, rejections of food shipments by importing countries.

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Kenya Food Safety Situation Analysis

• The National Food Safety Coordination Committee (NFSCC)

is a multi-sectoral committee with members who are

players in the food chain.

• Chair: Ministry of Agriculture Livestock and Fisheries

Secretariat: Ministry of Health.

• The NFSCC is responsible for coordinating all food safety

activities in the country.

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• Members of NFSCC:

Department of Veterinary Services, Department of Livestock Production,

Department of Fisheries, Kenya Bureau of Standards, Kenya Plant Health

Inspectorate Services (KEPHIS), National Public Health Laboratory Services

(NPHLS), Government Chemist, Kenya Medical Research Institute (KEMRI),

University of Nairobi, Tea Board of Kenya, Kenya Agricultural Research

Institute (KARI), Kenya Dairy Board, Pest Control Products Board

• Co-opted Members

World Health Organization (WHO), Food and Agricultural Organization of the

United Nations (FAO), and UNIDO.

Kenya Food Safety Situation Analysis

Food Standards

• Food standards development is done by committees

comprising of all stakeholders(regulatory, industry,

consumers, producers, academia, professionals etc).

• The stakeholders provide the expertise and scientific

information and build consensus required in national

standards development.

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Enforcement of Food Safety Regulations

1. The National Government

• Policy formulation and direction;

• Development of Regulations, Standards,

Manual, Guidelines

• Capacity building of county governments

• Technical back-stopping during food safety

events

• WTO-SPS National Enquiry Point (NEP) for

human health/food safety

2. The County Governments

• Implementation of laws, regulations and food

standards

• Inspection and licensing of food premises

• Maintenance of hygienic practices

• Health promotion

• Management of food safety events

• Surveillance of food borne diseases/foodborne

hazards

Role of the MoH in Trade

The MoH is the official WTO-SPS National Enquiry Point

(NEP) for human health/food safety. The SPS Measures are

applied to:

1.protect animal or plant life or human health from risks

arising from the entry, establishment or spread of pests,

diseases, disease-carrying organisms or disease-causing

organisms;

Role of the MoH in Trade cont…

2. Protect human or animal life or health from risks

arising from additives, contaminants, toxins or disease-

causing organisms in foods, beverages or feedstuffs.

3. Protect human life or health from risks arising from

diseases carried by animals (zoonoses), plants or

products from the entry, establishment or spread of

pests

Role of MoH - NEPRole of MoH - NEP

1. Notification of measures: implementation of

transparency obligations [to notify other countries of

any new or changed SPS measure which affects trade;

and to respond to requests for more information on

new or existing measures – Articles 5.8, 7 & Annex B]

2. Explanation of measures: provide answers to all

reasonable questions from Members.

Role of MoH – NEP cont…Role of MoH – NEP cont…

3. Publication of measures: provide the relevant documents regarding

– all existing and proposed SPS measures,

– control and inspection procedures and food additive approval procedures

– participation in international and regional SPS organizations, as well as in bilateral and multilateral agreements

Our SPS measures are based on :Our SPS measures are based on :

1. The Food Drugs and Chemical substances Act ,Cap 254

2. National Standards (Sect.5 and Reg. 28 ),

3. Codex Food Standards [Reg. 28 (2)]

4. US Food Chemical Codex [Reg.28 (3)]

5. Provisional measure/precautionary principle (SPS

Agreement 5.7)

[based on readily available information]

Participation in Regional and International Trade

• MoH participates in the development and implementation of regional (EAC) and International (Codex) food safety standards.

• MoH is implementing the International Health Regulations (IHR) and is the national focal point for IHR.

Analysis of food samples

The laboratories below carry out analysis of food samples:

•KEMRI

•KEBS

•Institutions(UON)

•National Public Health Laboratory Services

•Government Chemist

•KEPHIS

Challenges in the Current Food Safety System

Legislation• There is inadequate coordination in the enforcement of

various Acts of parliament that covers the entire food chain.

Institutional Framework• There is minimum formalized networking between

institutions that deal with food safety

Validation, Monitoring and Evaluation• Food safety validation, monitoring and evaluation

systems are underdeveloped and under-funded

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Challenges cont….

Traceability• Most players along the food chain have not established

traceability systems in their operations.

Laboratories Infrastructure• Limitation in scope of analysis and equipment and in

some cases not up-to date with the new technologies.

Funding• The budgetary allocation towards food safety is

inadequate and not prioritized in some line ministries.

Challenges cont….

Information, Education and Communication (IEC)• Information: The system of generating, collecting,

collating and rapid dissemination of food safety information is underdeveloped. The general Public awareness on Food Safety is insufficient.

• Education: The linkage between research, regulatory agencies, training institutions and industry is weak.

• Communication amongst stakeholders: Currently this communication network amongst the stakeholders is weak and not fully effective.

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Gaps to be Addressed

• National Food Safety Policy(draft) to be adopted into law.

• NFSCC to be given legal backing to be able to address food

safety issues

• Strengthen Food Safety surveillance system and

Laboratories to generate scientific data21

Primary Responsibility to Safe Food

Despite the provision of the official food safety control

mechanisms by the government, the responsibility of

food safety rests with the business operators along the

food chain.

• THANKYOU!