Business Laws Amendment Act, 2024 – Key Changes to the Standards Act (Cap 496)

The Business Laws Amendment Act, 2024 has introduced critical changes to the Standards Act (Cap 496) that affect manufacturers, importers, distributors, sellers, and exhibitors in Kenya. These amendments, particularly the repeal and replacement of Sections 12 and 10D expand the obligations on businesses to ensure product compliance with Kenyan standards.Key Amendments:

Broadened Compliance Requirements:

• Ensure all products meet Kenya’s national standards and carry a valid standardization mark.
• Maintain detailed records of products, suppliers, and customers, and ensure products do not exceed their expiry dates.

Curbing Substandard Imports:

• Products must meet regulatory standards in their country of origin. Non-compliant products must be withdrawn or recalled from the market.

Quality Assurance Enhancements:

• KEBS can now establish accredited testing labs and calibration facilities. All calibration service providers must adhere to national standards.

Manufacturer Obligations:

Manufacturers must ensure products comply with the Standards Act, conduct sample testing, maintain full product traceability, and address consumer complaints. Product labels must include manufacturer details and ingredients.

KEBS Collaboration with Other Agencies:

KEBS can now work with agencies like the Business Registration Service to gather information on manufacturers.

What This Means for You:

If you're involved in manufacturing, importing, distributing, selling, or exhibiting products in Kenya, these changes impose stricter regulations on product compliance, quality assurance, and traceability. Non-compliance could lead to recalls, penalties, or reputational damage.

At Wamae &Allen, we help manufacturers, importers, distributors, sellers, and exhibitors stay compliant with regulatory standards. Our expert team can guide you through these changes to ensure your business remains compliant and competitive.