THE MUNICIPAL COUNCIL OF MAVOKO

(FOOD SHOPS AND STORES)

BY-LAWS 2009

LOCAL GOVERNMENT ACT
(CAP 265)

IN EXERCISE of the powers conferred by Section 201 of the Local Government Act Cap 265, the Municipal Council of Mavoko hereby makes the following By-Laws:-

THE MUNICIPAL COUNCIL OF MAVOKO (FOOD SHOPS AND STORES)
BY-LAWS, 2009

Part 1 – INTRODUCTORY

Citation. 1. These By-laws may be cited as the Municipal Council of Mavoko (Food Shops and Stores) Amendment By-laws, 2009.

Interpretation 2. In these by-laws, except where the context otherwise requires-

“food” means every article and substance used for consumption or drinking by man and includes any article which ordinarily enters into or used in the composition or preparation of edibles by human but does not include liquor as defined in the Liquor Licensing Act:

“health inspector” means a person appointed as such by the Council;

“permit” means a permit issued under the provisions of By-law 6;

“medical Certificate” means a certificate issued by a qualified medical doctor from any approved hospital detailing health status of a person.

“meat” includes offal and the flesh of birds;

“medical officer of health” means the person for the time being holding the office of medical officer for the Council and includes his deputy;

“open food” means food not contained in a container of such materials, and so closed, as to exclude all risk of contamination;

“pre pack” means make up or pack, elsewhere than on the permitted premises, ready for retail sale in a wrapper or container;

“process” means cook, can, smoke, and cure, dehydrate or crystallize and includes-

(i) The method of preserving repacked food known as deep-freezing; and
(ii) in the case of fruit and nuts, pre packing ;

“Shop” means any premises in or from which wholesale or retail trade is
conducted and any stock room in the cartilage thereof;

“Stores” means any premises other than a shop in which food is kept in connection with trade;

“Town Clerk” means the person for the time being holding the office of Town Clerk of Municipal Council of Mavoko and shall include his deputy;

‘trade’ means sell or expose or offer for sale food within the city.

3. These by-laws shall not apply to-

(a) Dairies registered under the public health (Milk and Dairies) Rule in which no trade is carried on in any food other than milk or cream;

(b) Save as otherwise provided in those By-laws, premises permitted under the Municipal Council of Mavoko (Restaurant, Eating House and Snack Bar) By-laws,

Save as otherwise provided in those By-laws, premises permitted under the Municipal Council of Mavoko (Bakeries) By-laws,

(c) Save as otherwise provided in those by-laws, premises permitted under the Municipal Council of Mavoko (Lodging House) By-laws, 1958;

(d.) The sale by auction by an auctioneer, permitted under the Auctioneers Ac, of
food on the premises of such auctioneer;

(e) Premises registered under the Pharmacy and Poisons Act.

PART 11 – PERMITS
Permits 4. (1) The permits which maybe granted under these By-laws are-
(a) Grocer’s permit;
(b) Butcher’s Permit;
(c) Fishmonger’s permit;
(d) Greengrocer’s permit;
(e) Food Store permits;
(f) Supermarket; and
(g) Milk permit.

(2) The provisions of Parts III, IV, V, VI, VII, VIII, and IX and X –Supermarkets,
milk and dairies shall have effect in relation to the permit therein described.

(3) Every permit shall become due to be taken out on 1st January in each year and
shall expire on 31st December of the year of current issue.

Application 5. (1) Application for permit shall be made in the form specified in the First
for permit schedule hereto and it shall be stated therein whether the application is for a new permit or for the renewal of a current permit.

(2) If the application is for the renewal of a current permit, it shall be delivered to
the Town Clerk on or before 30th September of the year preceding that to which the application relates;

Provided that, upon payment by the applicant of a late application fee as per
gazetted fees and charges, the Town Clerk shall accept an application submitted after 30th September.

(3) If the application is for a new permit, it shall be delivered to the Town Clerk not less than 30 days before the date, which shall be specified in the application, upon which it is desired that trading or storing shall begin.

(4) Application forms shall be completed in the English language and shall be
signed by the applicant and the Town Clerk may refuse to accept any
application which does not comply with these requirements.

Form of 6. (1) The Town Clerk shall, subject to the provisions of By-laws 7, 8 and 39, issue permit a permit which shall be in the form prescribed in the second schedule and may
Attach thereto such reasonable conditions as he may think fit.

(2) Every permit shall contain sufficient particulars of the shop, or as the case may be, the store to which the permit applies.

(3) There shall be paid to the Council the fees as per gazetted fees and charges.

(4) Every permit shall be under the hand of the Town Clerk or of such officer of the Council as he may in writing authorize in that behalf.

Refusal of 7. (1) The Town Clerk shall refuse to issue a new permit if-
permit
a) The premises to which the application relates are, in the opinion of the medical officer of health, not in good repair or not provided with adequate sanitary arrangements, or not provided with adequate stock room facilities or do not conform with reasonable requirements of the medical officer of health, or do not conform with the provisions of these By-laws; or

b) If the articles, apparatus, fittings or utensils provided, or to be provided, for use in connexion with trade do not conform with reasonable requirements of the medical officer of health; or

c) If the shop, or as the case may be, the store does not comply with the Council’s Building By-laws

2) The Town Clerk may refuse to renew a permit if:-

a) The business to which the application relates is or has been, in his opinion, conducted in an improper manner; or

b) The premises to which the application relates are, in the opinion of the medical officer of health, not in good repair or not provided with adequate sanitary arrangements, or do not conform with the provisions of these By-laws, or have been altered materially so as to affect prejudicially the facilities originally provided; or

c) If the articles, apparatus, fittings or utensils originally provided or
if the articles, apparatus, fittings or utensils provided for use in
connexion with trade do not conform with reasonable requirements of the medical officer of health.

Canceling 8. (1) The Council may, by written notice to the permit holder under the hand of the permit Town Clerk, cancel any permit if it is recommended by medical officer of
health, that the premises to which the permit applies or any part there of, or any article, piece of apparatus, fitting or utensils or any person working therein are in such condition as to be dangerous to health or liable to favour the spread of diseases.

(2) Where a permit has been cancelled under the provisions of paragraph (1) of this
by-law the Town Clerk shall not issue or transfer to the holder of the cancelled
permit any further permits nor issue any further permit in respect of the same
premises without first the applicant obtaining the approval in writing of the
medical officer of health

Transfer of 9. (1) The Town Clerk may, with the consent of the permit holder and subject to the
permit provisions of by-laws 7,8 and 39 upon payment of a fee of Two Hundred shillings, transfer permit from the holder thereof to another person.

(2) A permit may be transferred so as to be made applicable to premises other
than those in respect of which the original application was made and the
permit issued, provided the new premises meets the basic requirements of a
premises.

Permit to 10. (1) A permit issued to a body corporate shall be in the name of the body corporate
body corporate and be issued to the secretary thereof.

(2) No transfer of a permit issued to a body corporate shall be necessary on any
change in the holder of the office of secretary.

Duplicate 11. (1) An application for the duplicate permit shall be made in writing to the Town
permit Clerk and shall set forth details of the permit lost and the manner in which it was lost or destroyed.

(2) The Town Clerk shall, upon payment by the applicant of the prescribed fee
issue a duplicate permit.

Death, 12. (1) In the event of the death, bankruptcy or unsoundness of mind of a permit
insanity holder, it shall be lawful, for the purposes of these By-laws, for the widow,
bankruptcy executor, administrator, trustee or manager or any other person approved by
the Town Clerk, to carry on ,until the end of the current year, the business of the permit without any transfer or grant of a permit.

(2) Every person permitted to carry on a business under the provisions of
paragraph(1) of this by-law shall posses all the rights and be liable to all
the duties and obligations of the original permit holder.

PART III – PROVISIONS RELATING TO ALL SHOPS AND STORES

Restriction 13. (1) Any person who is suffering from or know himself to be carrier of any
on employment infectious or contagious or venereal disease, shall not work in any shop or
store.

(2) A permit holder shall not employ in any shop or store any person whom he
knows to be suffering from or to be carrier of any infectious, contagious or venereal disease;

(3) Any person working in a food shop/store must have a valid medical
certificate issued.

Manner of 14. In any shop or store where goods other than food are sold, exposed, or offered
storing food for sale, or as the case maybe, stored, the permit holder shall reserve a part of such shop or store in which nothing shall be kept or stored other than food, and no food shall be kept or stored in any other part thereof.

Display of 15. A permit holder shall exhibit his permit in a prominent and conspicuous place in the permit premises to which it applies.

Protecting 16. A permit holder shall take all such steps as may be reasonably necessary to
food protect food from risk of contamination and in particular, without prejudice to
the generality of the foregoing, shall-

a) not so place food or permit it to be so placed as to involve any risk of contamination;

b) not place uncovered food at height of less than eighteen inches from the floor;

c) maintain his shop or store in a clean and wholesome condition;

d) comply with all the reasonable requirements of the medical officer of health intended or designed to ensure the sanitary and hygienic use of his shop or store;

e) permit holder shall provide and maintain a sufficient supply of hot and cold water,

f) maintain in a clean condition apparatus or utensils in the shop or store which is likely to come into contact with uncovered food.

g) maintain in a clean condition any apparatus or utensil in the shop or store which is likely to come into contact with uncover food.

Wash basins 17. (1) A permit holder shall provide in a conveniently accessible position and maintain a sufficient number of wash-basins for the use of persons engaged
in the handling of food.

(2) For each such wash-basin, a permit holder shall provide and maintain a
sufficient supply of hot and cold water,

(3) At or near each such wash-basins, a permit holder shall provide adequate
supplies of soap or other suitable detergent, nail brush and a clean
towel or other suitable drying facilities.

Sanitary 18. (1) A permit holder shall provide, in a conveniently accessible position and
convenience shall maintain in a condition an adequate number of suitable sanitary conveniences.

(2) A permit holder shall not use or permit to be used for handling or storage of food any room which either-
a) contains sanitary convenience; or
b) communicates otherwise than through an intervening ventilated space with a room containing a sanitary convenience.

Manner of 19. Any person engaged in the handling of food shall while so engaged-
handling food
a) keep as clean as may be reasonably practicable all parts of his clothing which may be liable to come into contact with food;

b) keep any open cut or abrasion on any exposed part of his person covered with a suitable and clean water proof dressing;

c) refrain from spitting;

d) refrain from smoking.

Open food 20. (1) Any person engaged in the handling of food shall not use for the wrapping of open food any paper or wrapping material or container which is not clean or which is liable to contaminate the food and in particular, shall not allow any printed material other than printed material designed exclusively for wrapping or containing food to come into contact with any open food other than vegetables.

(2) Any person engaged in the handling of food shall not handle any unwrapped
sweets, cakes, pastries or sliced cooked meat except with a suitable
apparatus or instrument.

Offences. 21. Any person who acts in contravention of or fails to comply with any of the
provisions of this Part shall be guilty of an offence.

PART IV – GROCER’S LICENCE

Grocer’s 22. Subject to any limitation which may be placed there on by a condition attached permit thereto pursuant to the provisions of paragraph (1) of by-law 6 of these by-laws a
grocer’s permit may authorize the permit holder, at premises the address of which
shall be specified therein, to trade in food.

Provided that for the purpose of this Part, “food” shall not include unprocessed
vegetables, processed fruit, processed meat or processed fish.

Grocer’s 23. A grocer’s shop shall comply with the following requirements and, subject to the
shop provisions of by-law 41, no grocer’s permit shall be issued in respect of a shop
which does not so comply, that is to say:-

a) the floor is of rendered concrete or other durable and impervious material and is suitably drained; and

b) adequate yard space is provided, equipped with suitable refuse containers.

PART V BUTCHER’S PERMIT

Butcher’s 24. Subject to any limitation which may be placed there on by a condition attached
permit thereto pursuant to the provisions of paragraph (1) of by-law 6 of these by-laws a
butcher’s permit shall authorize the permit holder at premises the address of which
shall be specified therein, to trade in meat, whether processed or unprocessed.

Butcher’s 25. A butcher’s shop shall comply with the following butcher’s requirements and,
shop subject to the provisions of by-law 41, no butcher’s permit shall be issued in respect of a shop which does not so comply, that is to say:-

a) the unencumbered floor area of that part of the shop which is to be used for the sale of meat is not less than 180 square feet and no horizontal dimension thereof is less than 12 feet;

b) the height from the floor to ceiling of that part of the shop which is to be used for the sale of meat is not less than 10 feet;

c) all walls are constructed of brick, stone or concrete with the interior surface rendered smooth and either tiled or painted with a light coloured washable paint;

d) the floor is of rendered concrete or other durable and impervious material and is suitably drained;

e) the shop front is glazed;

f) adequate cold storage space is provided;

g) suitable and adequate provision that no meat shall come into contract with any wall or be liable to obstruct or hinder the free passage of customers; and

h) adequate yard space is provided, equipped with suitable refuse containers.

No trading in
uninspected 26. a) A permit holder shall not trade in meat which has not been inspected by a
meat health inspector or an officer authorized in that behalf and passed by him as
being fit for human consumption.

b) Any person who contravenes the provisions of this by-law shall be guilty of
an offence.

Manner of 27. (1) A person engaged in the handling of meat shall while so engaged, wear a handling food white outer garment of a pattern approved by the medical officer of health

(2) Any person who handles meat when not clothed in accordance with the
provisions of paragraph (1) of this by-law and any permit holder who permits any person to handle meat when not so clothed shall be guilty of an offence.

PART VI – FISHERMONGER’S PERMIT

Fishmonger’s 28. Subject to any limitation which may be placed there on by a condition attached
permit thereto pursuant to the provisions of paragraph (1) of by-law 6 of these by-laws a
fishmonger’s permit shall authorize the permit holder, at premises the address whereof which shall be specified therein, to trade in fish, whether processed or unprocessed.

Fishmonger’s 29. A fishmonger’s shop shall comply with the following requirements and, subject to
shop the provisions of by-law 41, no fishmonger’s permit shall be issued in respect of
a shop which does not so comply, that is to say:-

a) all walls are constructed of brick, stone or concrete with the interior surfaces rendered smooth and either tiled or painted with a light coloured washable paint;

b) the floor is of rendered concrete or other durable impervious material and is suitably drained;

c) the shop front is glazed;

d) adequate cold storage is provided; and

e) adequate yard space is provided adjacent thereto with suitable facilities for the cleaning of fish boxes.

Fish boxes 30. (1) Fish boxes shall be thoroughly cleansed immediately after use.

(2) Any person who fails to comply with the provision of this by-law shall be
guilty of an offence.

Manner of 31. (1) A person engaged in the handling of fish shall, while so engaged, wear a white handling fish outer garment of a pattern approved by the medical officer of health.

(2) Any person who handles fish when not clothed in accordance with the provisions of paragraph (1) of this by-law and any permit holder who permits a person to handle fish when not so clothed shall be guilty of an offence.

PART VII – GREENGROCER’S PERMIT

Green grocer’s 32. Subject to any limitation which may be placed there on by a condition attached
permit thereto pursuant to the provisions of paragraph (1) of by-law 6 of these by-laws a
greengrocer’s permit shall authorize the permit holder, at premises the address
whereof which shall be specified therein, to trade in fruit and vegetables, whether processed or unprocessed.

Green grocer’s 33. A green grocer’s shop shall comply with the following requirements and subject
shop to the provisions of by-law 41, no greengrocer’s permit shall be issued in respect of a shop which do not so comply, that is to say:-

a) all walls are constructed of brick, stone or concrete with the interior surfaces rendered smooth and either tiled or painted with a light coloured washable paint;

b) the floor is of rendered or other durable and impervious material and is suitably drained; and

c) adequate yard space is provided equipped with suitable refuse containers.

PART VIII – FOOD STORE PERMIT

Food store 34. Subject to any limitation which may be placed there on by a condition attached thereto pursuant to the provisions of paragraph (1) of by-law 6 of these by-laws a food store permit shall authorize the permit holder, at premises the address whereof which shall be specified therein, to store food.

PART IX – MISCELLANEOUS

No trading or 35. (1) A person shall not within the Municipal trade in or, as the case may be, store food storing without unless he is in possession of the appropriate permit issued under these by- permit laws, nor otherwise than in accordance with the terms of the permit.

(2) Any person who contravenes the provisions of this by-law shall be guilty of an offence.

Inspection 36. (1) The medical officer of health or any health inspector or any person authorized in writing by the medical officer of health in that behalf may at any reasonable hour enter any shop or store in respect of which a permit under these by-laws has been applied for or issued and may conduct an inspection as may be deemed necessary.

(2) Any such person as is referred to in paragraph (1) of this by-law may, if he has reasonable cause to believe that trade is being carried on or that food is being stored in any premises in respect of which a permit has not been issued or applied for under these by-laws, demand that the person in charge or appearing to be in charge of such premises shall allow him free entry thereon and afford him all reasonable facilities to inspect the same and, if after notification of his authority and purpose entry cannot without reasonable delay be obtained, the said person may enter such premises and may make such inspection thereof and of the stock therein as may be deemed necessary.

3) Any person who hinders or obstructs a person lawfully making entry or inspecting premises under this by-law shall be guilty of an offence, and shall be liable, on conviction therefore, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding two years.

Penalties 37. (1) Any person who is guilty of an offence against these By-laws for which no other penalty is prescribed, shall be liable on conviction to a fine not exceeding One Thousand Shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2) Any permit holder who, within any period of two years, is twice convicted of offences against these By-laws shall be liable, in addition to any other penalty which may be imposed to have his permit cancelled by the court and such court may:-

a) order that the permit be cancelled on such a date as, in the opinion of the court will enable the permit holder to dispose of his stock; and

b) debar such permit holder from obtaining another permit for such period not exceeding one year or, as the court may deem fit.

Presumption 38. In any proceedings under these by-laws, any food in any shop or store shall be
as to goods deemed, unless the contrary is proved to be kept for the purpose of trade, or, as the case may be, for storage.

Exemptions 39. (1) The Town Clerk, on the recommendation of the medical officer of health, may
issue to any person a certificate in relation to any shop or store to the effect that compliance with any of the provisions of these By-law specified in paragraph (3) of this by-law is not required for such period as he shall therein specify;

Provided that the medical officer of health shall not recommend the grant of any such certificate unless he is satisfied that by reason of restricted accommodation or other special circumstances affecting such shop or store it is reasonable that such a certificate should be in force in respect thereof.

(2) The Town Clerk may withdraw any such certificate if at any time the medical
Officer of health ceases to be satisfied as aforesaid and recommends to him.

(3) The provisions of these By-laws referred to in paragraph (1) hereof are those of by-laws 14, 19(1), and 19(2).

FIRST SCHEDULE

MUNICIPAL COUNCIL OF MAVOKO (FOOD SHOPS AND STORIES)
BY – LAWS, 2008

APPLICATION FOR THE GRANT / RENEWAL* OF A PERMIT

No………………………………………….
1. I applicant’s name ……………………………………………………………………..
2. Name under which business is / is to be* carried on…………………………………... ……………..…………………………………………………………………………...
3. If business is a partnership, give full names and addresses of all partners…………… ..…....................................................................................................................................
4. Is business registered under the Registration of Business Names Act? ………………………. If so, give date and registration No. …………………………………………………………………………
5. Address at which business is / is to be* carried or: P. O. Box …………………………. Plot No……………………………………. or L.R. No………………………………. in…………………………………………………………… Road / street*
6. Give precise description of premises to which permit is to apply ……………………..
7. Is there a stockroom? ……………………………………. If so, where?....................... ...………….......................................................................................................................
8. State if applicant is (a) resident in Kenya…….……………………………………..... or (b) an un-discharged bankrupt…………………………………
9. *State number and date of previous permit………………………………………….. *or date on which it is desired to begin trading ……………………………………….
10. Permit is required to run from …………………………. to…………………………. I certify that the particulars given above are true and correct.

Date …………………………………………. ………………………………………
Signature of applicant
*Delete where not applicable.

(Reverse of Application Form)
FOR OFFICIAL USE ONLY
1. To Health Inspector for inspection and comment:-
Date ……………………………………… ………………………………………
Permit Officer:-
2. To Medical Officer of Health with my comment as follows:-
Date ………………………………….. ………………………………………
Health Inspector.
3. To Town Clerk with my recommendations as follows:-
Date ………………………………….. ………………………………………
Medical Officer of Health
4. To permit Officer:-
Permit may /may not be granted.
Conditions (if any) ……………………………………………………………………..
Date ……………………………….. ……………………………………..
Town Clerk.
5. Permit issued No……………………………………….. date ………………………….
………………………….
Permit Officer

THIRD SCHEDULE
The fees chargable under this bye-law shall be as per those gazetted by the council.

Made by order of the Municipal Council of Mavoko this day of 2009

WISDOM K. MWAMBURI
TOWN CLERK

Approved this day of 2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

DATE OF PUBLICATION IN THE KENYA GAZETTE ……………………………..

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