The Crops (Miraa) Regulations
These Regulations may be cited as the Crops (Miraa) Regulations.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 101 of 2022
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Crops (Miraa) Regulations. Provides definitions (interpretation) of terms used in the Regulations, including definitions for Act, aggregator, Authority, Cabinet Secretary, Code of practice, commercial nursery operator, commercial transporter, Committee, county government, crop inspector, dealer, designated point, Directorate, exporter, export consignment, field holding facility, financial year, grower, grower association, importer, import consignment, miraa, miraa product, potable water, traceability, and vendor. The object stated is to facilitate the growth and development of the miraa industry. Licensing rules for miraa vendors: a person may not sell miraa as a vendor without a county-issued licence; applicants must apply in Form Mr16; counties issue licences in Form Mr17 within seven days if requirements met or reject within seven days and notify reasons; counties must share annually licensed vendor lists; vendors must sell at designated points; counties designate sale areas; selling to persons under eighteen is prohibited; contravening specified paragraphs is an offence. Persons must be registered to operate as miraa exporters or importers; applications go to the Authority.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of The Crops (Miraa) Regulations
Showing 31 of 31
Part I
PRELIMINARY
- 1
PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Crops (Miraa) Regulations.
Section 1. Citation Section These Regulations may be cited as the Crops (Miraa) Regulations. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Provides definitions (interpretation) of terms used in the Regulations, including definitions for Act, aggregator, Authority, Cabinet Secretary, Code of practice, commercial nursery operator, commercial transporter, Committee, county government, crop inspector, dealer, designated point, Directorate, exporter, export consignment, field holding facility, financial year, grower, grower association, importer, import consignment, miraa, miraa product, potable water, traceability, and vendor.
Section 2. Interpretation Section In these Regulations unless the context otherwise requires— "Act" means the Crops Act (Cap. 318) "aggregator" means a person who buys, collects and bulks miraa and miraa products for purposes of collective marketing; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 496); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "Code of practice" means the Miraa (khat) Industry- Code of Practice - KNWA 2940: 2021 as provided in the Standards Act; "commercial nursery operator" means a person who propagates miraa planting material for sale; "commercial transporter" means a person who transports miraa at a fee; "Committee" means the Miraa Pricing Formula Committee established under regulation 27; "county government" shall have the meaning assigned to it under Article 176 of the Constitution; "crop inspector" means an inspector appointed under section 27 of the Act; "dealer" includes an aggregator, commercial transporter, vendor, holding facility owner, exporter or importer of miraa; "designated point" means an area set aside for the sale of miraa by the respective county government; "Directorate" means the directorate of the Authority established under section 11 of the Agriculture and Food Authority Act to deal with matters relating to miraa; "exporter" means a person licensed by the Authority to export miraa or miraa products; "export consignment" means the quantity of miraa that an exporter intends to export as declared by the applicant of an export permit; "field holding facility" means an area designated for the bulking, handling, storage, stock control and packaging of miraa; "financial year" means the period from the first July in any year to the thirtieth June in the immediately succeeding year, both days inclusive; "grower" means a person who cultivates miraa and includes a person who enters into an agreement with the owner of the farm to harvest miraa at a consideration; "grower association" means a group of miraa growers who come together for purposes of marketing their produce under a common quality management system and are registered by the Authority; "importer" means a person licensed by the Authority to import miraa or miraa products; “import consignment” means the quantity of miraa that an importer seeks to import as declared by the applicant of an import permit; "miraa" means the plant or part of the plant of Cathus genus known botanically as Catha edulis or of any inter-specific hybrid involving this species or of any progeny of such hybrid; "miraa product" means any part of the miraa plant, whether whole or broken, including its leaf, bud or twig that has been dried; "potable water" means water which meets the quality standards of drinking water as specified in Kenya standards; "traceability" means the ability to trace a miraa from any given point in the value chain back through all stages to its origin; and "vendor" means a person who sells miraa at a designated point for consumption. - 3
PRELIMINARY - 3. Objects of the Regulations
AI-assisted research summary: The object stated is to facilitate the growth and development of the miraa industry.
Section 3. Objects of the Regulations Section facilitate the growth and development of the miraa industry;
Part II
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS
- 10
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 10. Licensing of miraa vendors
AI-assisted research summary: Licensing rules for miraa vendors: a person may not sell miraa as a vendor without a county-issued licence; applicants must apply in Form Mr16; counties issue licences in Form Mr17 within seven days if requirements met or reject within seven days and notify reasons; counties must share annually licensed vendor lists; vendors must sell at designated points; counties designate sale areas; selling to persons under eighteen is prohibited; contravening specified paragraphs is an offence.
Section 10. Licensing of miraa vendors Section 10(1) A person shall not carry out business as a miraa vendor without a licence issued by the respective county government. Section 10(2) An applicant for a miraa vending licence shall apply to the respective county government in Form Mr16 set out in the First Schedule. Section 10(3)(a) the miraa vendor intends to sell miraa or miraa products at a designated point; and Section 10(3)(b) well marked; Section 10(3)(b)(i) well marked; Section 10(3)(b)(ii) one hundred metres away from any learning institution; Section 10(3)(b)(iii) kept free of and from waste material; and Section 10(3)(b)(iv) used exclusively for the sale of miraa. Section 10(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3) issue, within seven days, a licence to the applicant in Form Mr17 set out in the First Schedule. Section 10(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall, within seven days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 10(6) Where the requirements in paragraph (3) have been addressed, the applicant whose application is rejected under paragraph(5) may resubmit the application for consideration. Section 10(7) Each county government shall, annually, share with the Authority a list of all licensed miraa vendors. Section 10(8) Every miraa vendor shall sell miraa or miraa products at a designated point. Section 10(9) The county government shall designate areas for the sale of miraa. Section 10(10) Miraa shall not be sold to a person below the age of eighteen years. Section 10(11) A person who contravenes paragraph (1), (2), (8) or (10) commits an offence. - 11
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 11. Registration of miraa exporters and importers
AI-assisted research summary: Persons must be registered to operate as miraa exporters or importers; applications go to the Authority.
Section 11. Registration of miraa exporters and importers Section 11(1) A person shall not carry out business as a miraa exporter or importer without a registration certificate from the Authority. Section 11(2) A person who intends to carry out the business as a miraa exporter or importer shall apply to the Authority for registration in Registration of miraa exporters a importers. Section 11(3) The Authority shall, within seven days from the receipt of the application and at no fee, issue a certificate of registration to a successful applicant in Form Mr19 set out in the First Schedule. Section 11(4) The Authority shall, within seven days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 11(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 11(6) A person who contravenes paragraph (1) commits an offence and shall be upon conviction be liable to imprisonment for term not exceeding three years or a fine not exceeding five million shillings or both. - 12
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 12. Licensing of miraa exporters
AI-assisted research summary: A person may not operate as a miraa exporter without an export licence; registered miraa exporters must apply for a licence; the Authority must decide and notify within thirty days; rejected applicants may resubmit once reasons are addressed; exporters must submit quarterly returns; contravening paragraph (1) is an offence.
Section 12. Licensing of miraa exporters Section 12(1) A person shall not carry out business as a miraa exporter unless he has been issued with an export licence by the Authority. Section 12(2) A miraa exporter who has been registered under regulation 11 shall apply to the Authority for a licence in Form Mr20 set out in the First Schedule. Section 12(3) The Authority shall, within thirty days from the receipt of the application and upon payment of the fee set out in the Second Schedule, issue a licence to a successful applicant in Form Mr21 set out in the First Schedule. Section 12(4) The Authority shall, within thirty days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 12(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 12(6) Every miraa exporter shall submit quarterly returns to the Authority in Form Mr28 as set out in the First Schedule. Section 12(7) A person who contravenes paragraph (1) commits an offence. - 13
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 13. Licensing of miraa importers
AI-assisted research summary: Persons may not operate as miraa importers without an Authority-issued import licence; registered miraa importers must apply for a licence, Authority must decide within thirty days, rejected applicants may resubmit after addressing reasons, and miraa importers must submit quarterly returns.
Section 13. Licensing of miraa importers Section 13(1) A person shall not carry out business as a miraa importer unless he has been issued with an import licence by the Authority. Section 13(2) A miraa importer who has been registered under regulation 11 shall apply to the Authority for a licence in Form Mr22 set out in the First Schedule. Section 13(3) The Authority shall, within thirty days from the receipt of the application and upon payment of the fee set out in the Second Schedule, issue a licence to a successful applicant in Form Mr23 set out in the First Schedule. Section 13(4) The Authority shall, within thirty days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 13(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 13(6) Every miraa importer shall submit quarterly returns to the Authority in Form Mr28 as set out in the First Schedule. Section 13(7) A person who contravenes paragraph (1) commits an offence. - 14
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 14. Issuance of miraa export permits
AI-assisted research summary: Exporters of miraa or miraa products must have a valid export permit issued by the Authority for each consignment; exporters must apply in Form Mr24 and the Authority must issue permits in Form Mr25 within two days if requirements and fee payment are satisfied.
Section 14. Issuance of miraa export permits Section 14(1) A miraa exporter shall not export miraa or miraa products unless he has a valid export permit issued by the Authority for each export consignment. Section 14(2) An exporter of miraa or miraa products shall apply to the Authority for an export permit for each export consignment in Form Mr24 set out in the First Schedule. Section 14(3) The Authority shall within two days after receiving an application for an export permit, consider the application and upon satisfying itself the requirements have been met and payment of the prescribed fee in the Second Schedule issue an export permit in Form Mr25 set out in the First Schedule. Section 14(4) The Authority shall not issue a permit if an exporter is in contravention of the provisions of the Act or these Regulations. Section 14(5) An exporter who contravenes paragraph (1) commits an offence. - 15
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 15. Issuance of miraa import permits
AI-assisted research summary: Importers must hold and apply for a permit for each consignment; importing without a valid permit is prohibited; Authority issues permits after meeting requirements and fee payment; designated port and licensed importer requirements apply; contravention is an offence.
Section 15. Issuance of miraa import permits Section 15(1) A miraa importer shall not import miraa or miraa products unless the importer has a valid import permit issued by the Authority for each import consignment. Section 15(2) An importer of miraa or miraa products shall apply to the Authority for an import permit for each consignment in Form Mr26 as set out in the First Schedule. Section 15(3) The Authority shall within two days after receipt of an application in 16 (2), consider the application and upon satisfying itself the requirements have been met and payment of the prescribed fee in the Second Schedule issue an import permit in Form Mr27 as set out in the First Schedule. Section 15(4) The importation of miraa or miraa products shall be through designated port of entry by a licensed importer. Section 15(5) The Authority shall not issue a permit if an importer is in contravention of the provisions of the Act or these Regulations. Section 15(6) An importer who contravenes paragraph (1) commits an offence. - 16
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 16. Revocation or suspension of licences
AI-assisted research summary: The licensing authority must give a licence holder an opportunity to be heard before revoking or suspending the licence; upon revocation the holder must immediately surrender the licence.
Section 16. Revocation or suspension of licences Section 16(1)(a) the conditions of issuance of the licence are contravened; or Section 16(1)(b) the holder of the licence or an employee of the holder Revocation or suspension of licences. Section 16(2) The licensing authority shall, before revoking or suspending a licence give the holder of the licence an opportunity to be heard and to make representations in that regard. Section 16(3) Upon revocation under paragraph (1) the holder shall immediately surrender the licence to the licensing authority as the case maybe, and the licence shall cease to have effect forthwith. - 17
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 17. Revocation of certificates of registration
AI-assisted research summary: A certificate of registration is issued once but may be revoked if the holder does not apply for or renew the licence for three consecutive years.
Section 17. Revocation of certificates of registration Section A certificate of registration under these regulations shall be issued once but maybe revoked if the holder of the certificate does not apply or renew his licence for three consecutive years. - 18
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 18. Transferability of registration certificate or licence
AI-assisted research summary: Registration certificates or licences issued under these Regulations cannot be transferred to another person; a person who contravenes that rule commits an offence.
Section 18. Transferability of registration certificate or licence Section 18(1) A registration certificate or licence issued under these Regulations shall not be transferable to another person. Section 18(2) A person who contravenes paragraph (1) commits an offence. - 19
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 19. Renewal of licences
AI-assisted research summary: Sets when licences remain in force and prescribes deadlines and fee requirements for renewal and initial licence applications.
Section 19. Renewal of licences Section 19(1) Any licences issued under these Regulations shall remain in force until the thirtieth of June next following the date of issue unless earlier cancelled. Section 19(2) An application for renewal of a licence under these Regulations shall be made to the licensing authority not later than the first day of the month of June in which the current licence is due to expire. Section 19(3) An application for a licence under these Regulations shall be accompanied by the appropriate fee set out in the Second Schedule. - 4
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 4. Licensing of commercial miraa nursery operators
AI-assisted research summary: Persons may not establish or operate commercial miraa nurseries unless licensed by the respective county government; applicants must apply for licences and comply with site and knowledge requirements; county governments issue or reject licences based on prescribed requirements; commercial nursery operators must submit annual returns; the County Government must share licensed-operator lists annually; contravention of the licensing or returns rules is an offence.
Section 4. Licensing of commercial miraa nursery operators Section 4(1) A person shall not establish or operate a commercial miraa nursery unless the person has a valid licence issued by the respective county government. Section 4(2) A person who seeks to establish or operate a commercial miraa nursery shall apply to the respective county government for a licence in Form Mr1 set out in the First Schedule. Section 4(3)(a) the land is suitable for propagating miraa seedlings; Section 4(3)(b) the site is well served with a reliable irrigation quality water source; Section 4(3)(c) the site is accessible for inspections and collection of planting material; Section 4(3)(d) the applicant has clearance from an accredited source of mother plants; Section 4(3)(e) the land is gently sloping and the soil type is of good drainage and does not allow water logging; and Section 4(3)(f) the applicant has adequate relevant knowledge in nursery management. Section 4(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue a licence in Form Mr 2 set out in the First Schedule to the applicant in respect of the inspected site. Section 4(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall reject the application and notify the applicant of the reasons for the rejection. Section 4(6) Where the requirements in paragraph (3) have been addressed, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 4(7) A licence for a commercial miraa nursery operator shall not be transferrable and shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. Section 4(8) An application for renewal of a licence shall be made to the respective county government at least three months before the expiry date of the licence. Section 4(9) A commercial nursery operator shall submit annual returns to the County Government in Form Mr3 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year. Section 4(10) The County Government shall, annually, share with the Authority a list of all licensed commercial miraa nursery operators. Section 4(11) A person who contravenes paragraph (1) or (9) commits an offence. - 5
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 5. Registration of growers associations
AI-assisted research summary: Smallholder miraa growers may form growers associations and apply for registration; the Authority must issue registration certificates at no fee; grower associations must annually submit updated member particulars before the thirty first day of the first month of the financial year.
Section 5. Registration of growers associations Section 5(1) Smallholder miraa growers may, for purposes of accessing economies of scale, form a growers association and apply to the Authority for registration of the association. Section 5(2) An application for registration under paragraph (1) shall be made to the Authority in Form Mr4 as set out the First Schedule. Section 5(3) The Authority shall, at no fee, issue a certificate of registration to a growers association in Form Mr5 set out in the First Schedule. Section 5(4) Every grower association shall submit updated particulars of its members to the Authority annually before the thirty first day of the first month of the financial year. - 6
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 6. Registration of miraa aggregators
AI-assisted research summary: Persons may not operate as miraa aggregators unless registered by the Authority and issued a registration certificate; intending aggregators must apply using Form Mr 6; the Authority must issue a registration certificate in Form Mr7 within seven days at no fee; contravention is an offence with the penalty in section 16(4) of the Act.
Section 6. Registration of miraa aggregators Section 6(1) A person shall not carry on business as a miraa aggregator unless the person is registered as such by the Authority and has been issued with a registration certificate by the Authority. Section 6(2) A person who intends to be a miraa aggregator shall apply to the Authority for registration in Form Mr 6 a set out in the First Schedule. Section 6(3) The Authority shall, within seven days of the application and at no fee, issue, a certificate of registration to a successful applicant in Form Mr7 set out in the First Schedule. Section 6(4) A person who contravenes paragraph (1) commits an offence and shall, on conviction, be liable to the penalty specified in section 16(4) of the Act. - 7
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 7. Licensing of miraa aggregators
AI-assisted research summary: Aggregators must be licensed by the county government; applicants registered under regulation 6 must apply in Form Mr8; the county government must issue or reject applications within ten days; rejected applicants may resubmit once requirements are met; aggregators must submit annual returns by the tenth day after the financial year; the county government must share licensed aggregator lists annually; contravention of the licence or annual return rules is an offence.
Section 7. Licensing of miraa aggregators Section 7(1) A person shall not carry on business without a licence issued by the respective county government. Section 7(2) A miraa aggregator who is registered under regulation 6 shall apply for a licence to the respective county government in Form Mr8 set out in the First Schedule. Section 7(3)(a) the applicant has a field holding facility at his disposal; Section 7(3)(b) the field holding facility is serviced with a reliable source of potable water for use; Section 7(3)(c) the area has a well demarcated waste disposal area; and Section 7(3)(d) all staff have appropriate personal protective equipment. Section 7(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within ten days of receiving the application, a licence to a successful applicant in Form Mr9 set out in the First Schedule. Section 7(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall, within ten days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 7(6) Where the requirements in paragraph (3) have been addressed, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 7(7) A miraa aggregator shall submit annual returns to the respective county government in Form Mr10 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year. Section 7(8) The county government shall, annually, share with the Authority a list of all licensed aggregators. Section 7(9) A person who contravenes paragraph (1) or (7) commits an offence. - 8
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 8. Registration of commercial miraa transporters
AI-assisted research summary: Persons may not operate as commercial miraa transporters unless registered and issued a registration certificate by the Authority.
Section 8. Registration of commercial miraa transporters Section 8(1) A person shall not carry on business as a miraa commercial transporter unless the person is registered as such by the Authority and has been issued with a registration certificate by the Authority. Section 8(2) An application for registration under paragraph (1) shall be made to the Authority in in Form Mr11 set out in the First Schedule. Section 8(3) The Authority shall, within five days of receipt of the application and at no fee, issue a certificate of registration to a successful applicant in Form Mr12 set out in the First Schedule. Section 8(4) The Authority shall, within five days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 8(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 8(6) A person who contravenes paragraph (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or both. - 9
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 9. Licensing of commercial miraa transporters
AI-assisted research summary: Commercial miraa transporters must be licensed; unlicensed persons may not operate; licensed transporters must display the licence and submit semi‑annual returns; the Authority issues or rejects licences within 30 days based on specified requirements.
Section 9. Licensing of commercial miraa transporters Section 9(1) A person shall not carry out business as a commercial miraa transporter without a licence issued by the Authority. Section 9(2) A commercial miraa transporter who is registered under regulation 8 shall apply to the Authority for a licence in Form Mr 13 set out in the First Schedule. Section 9(3)(a) the vessel used is well aerated to prevent chilling or scorching effect on the produce; Section 9(3)(b) the applicant exclusively transports miraa in the vessel; Section 9(3)(c) the packaging material used during transportation is made of food grade quality; and Section 9(3)(d) the applicant has paid the fee set out in the Third Schedule. Section 9(4) The Authority shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within thirty days of receiving the application, a licence to a successful applicant in Form Mr 14 set out in the First Schedule. Section 9(5) Where the applicant does not meet the requirements in paragraph (3), the Authority shall, within thirty days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 9(6) Where the requirements in paragraph (3) have been addressed, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 9(7) A licensed commercial miraa transporter shall display the licence on the front windscreen of the vehicle while transporting miraa. Section 9(8) A commercial miraa transporter shall submit semi-annual returns to the Authority in Form Mr15 as set out in the First Schedule not later than the fifth day of January and the fifth day of July. Section 9(9) A person who contravenes paragraph (1) or (7) commits an offence.
Part III
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA
- 20
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 20. Quality of planting materials
AI-assisted research summary: Persons must supply quality planting material in accordance with the Code of Practice and keep accurate records of distributed planting material and produce such records on demand; contravening paragraph (1) is an offence.
Section 20. Quality of planting materials Section 20(1)(a) supply quality planting material in accordance with the Code of Practice; and Section 20(1)(b) keep accurate records of distributed planting material and shall produce such records on demand for purposes of inspection. Section 20(2) A person who contravenes paragraph (1) commits an offence. - 21
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 21. Irrigation water for production
AI-assisted research summary: In the case of irrigation in miraa production, the water used shall be as specified in the Code of Practice.
Section 21. Irrigation water for production Section In the case of irrigation in miraa production, the water used shall be as specified in the Code of Practice. - 22
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 22. Quality assurance harvesting and postharvest hand of miraa
AI-assisted research summary: This section sets quality and handling requirements for miraa (potability of water, waste-free facilities, aeration, protection from damage and contamination, separation in storage/transport, transport vessel standards, and adherence to a Code of Practice) and states that a person who contravenes any provision commits an offence.
Section 22. Quality assurance harvesting and postharvest hand of miraa Section 22(1) Water used for postharvest handling of miraa shall be potable water. Section 22(2) Any produce handling facility such as a pack house, store, collection centre, working area or designated point shall be kept free of waste material. Section 22(3)(a) provide aeration to the produce so as to maintain optimum temperatures and humidity; Section 22(3)(b) maintain produce integrity by protecting them from physical damage; and Section 22(3)(c) protect the produce against contamination. Section 22(4) Miraa shall not be stored or transported together with other produce which may contaminate it or otherwise adversely affect its quality. Section 22(5) A vessel used for transportation of miraa shall be built and equipped to ensure maintenance of optimal temperatures and hygiene to prevent damage, contamination and spoilage of produce. Section 22(6) Quality assurance for the handling, packaging, transportation harvesting and postharvest handling produce under this section shall be in accordance with the Code of Practice. Section 22(7) A person who contravenes any provision of this section commits an offence. - 23
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 23. Traceability
AI-assisted research summary: Every miraa dealer must put in place and implement a traceability system.
Section 23. Traceability Section 23(1) Every miraa dealer shall put in place and implement a traceability system. Section 23(2)(a) be responsible for the safety of the miraa produce; Section 23(2)(b) ensure that miraa is labelled at source; Section 23(2)(c) miraa produce has a code indicating the country code, county code, farm name and location; Section 23(2)(d) be able to identify the sources from whom he obtained miraa and the clients he has supplied; Section 23(2)(e) dispose miraa which is considered unsafe for human health; and Section 23(2)(f) recall unsafe miraa from sale or the distribution chain. Section 23(3) A person who contravenes paragraph (2) commits an offence. - 24
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 24. Appointment of inspectors
AI-assisted research summary: The Authority shall, by notice in the Gazette, appoint inspectors to inspect miraa and miraa products; county governments may nominate county inspectors; prospective inspectors must meet specified qualifications; the Authority must train and provide regular training to inspectors; unauthorised persons performing inspector functions commit an offence.
Section 24. Appointment of inspectors Section 24(1) The Authority shall, by notice in the Gazettte, appoint inspectors to carry out inspections of miraa and miraa products. Section 24(2) A county government may nominate county inspectors for appointment by the Authority. Section 24(3)(a) a bachelors degree in agriculture or related field from a university or institution recognised in Kenya; or Section 24(3)(b) a diploma in agriculture from an institution recognised in Kenya and two years’ experience in agriculture extension service work; and Section 24(3)(c) comply with the provisions of the Public Officer’s Ethics Appointment of inspectors. Section 24(4) The Authority shall train prospective inspectors before appointing them under paragraph (1). Section 24(5) The Authority shall develop a training curriculum and offer regular trainings to the inspectors. Section 24(6) A person who purports to carry out the functions of an inspector without having been dully appointed in accordance with these Regulations commits an offence. - 25
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 25. Functions of an inspector
AI-assisted research summary: An inspector must monitor activities associated with miraa production, dealing, handling and processing.
Section 25. Functions of an inspector Section monitor activities associated with miraa production, dealing, handling and processing; - 26
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 26. Compliance to standards
AI-assisted research summary: Section 26 allows the Authority to sample and test miraa products and requires the Authority to inspect holding, transport, packing and designated points to verify conformity to the Code of Practice and food safety and quality standards.
Section 26. Compliance to standards Section 26(1) Miraa and miraa products may be randomly sampled, tested and analysed by the Authority from time to time to verify conformity to the Code of Practice. Section 26(2) The Authority shall, from time to time, inspect the field holding facilities, commercial transporters’ vessels, pack houses and designated points to verify conformity to food safety and quality standards as prescribed in the Code of Practice. Section 26(3)(a) non-compliant produce due to food safety reasons shall be seized, detained and destroyed at the cost of the offender; Section 26(3)(b) miraa or miraa product presented using forged registration certificates, licences or permits shall be destroyed upon interception and the dealer suspended from operating for one year.
Part IV
GENERAL PROVISIONS
- 27
GENERAL PROVISIONS - 27. The Miraa Pricing Formula Committee
AI-assisted research summary: Sets the Miraa Pricing Formula Committee membership and requires its members to elect a chair and set meeting procedures; the Authority must provide secretariat services and the Committee may co-opt experts when necessary.
Section 27. The Miraa Pricing Formula Committee Section 27(1)(a) one representative from the ministry responsible for matters relating to agriculture; Section 27(1)(b) one representative from the ministry for the time being responsible for matters relating to trade; Section 27(1)(c) one representatives from the Authority; Section 27(1)(d) one County Executive Committee Member for agriculture nominated by the Council of Governors; Section 27(1)(e) three representatives of growers nominated by the apex body of growers associations; and Section 27(1)(f) two representatives of traders nominated by the apex body of traders associations. Section 27(2) The members of the Committee shall, at its first meeting, elect the chairperson from the members appointed under paragraph (e) or (f) of paragraph (1) and set the procedures for conducting meetings of the Committee. Section 27(3)(a) the supply and demand forces; Section 27(3)(b) the cost of production; Section 27(3)(c) prevailing weather conditions; and Section 27(3)(d) any other prevailing factors. Section 27(4) The Authority shall provide secretariat services to the Committee. Section 27(5) The Committee may whenever necessary co-opt experts to provide technical advice. - 28
GENERAL PROVISIONS - 28. Units of measurement
AI-assisted research summary: Kilogram is the base unit for measuring mass for miraa and miraa products; a dealer must keep weighing machines well maintained; contravening paragraph (2) or (3) is an offence.
Section 28. Units of measurement Section 28(1) The kilogram shall be the base unit of measurement of mass by reference to which any measurement of weight shall be made in Kenya for miraa and miraa products. Section 28(2) A single package of miraa or miraa products shall not exceed fifty kilogrammes. Section 28(3) A dealer shall ensure that any weighing machine used by the dealer is well maintained and is in a serviceable condition at all times. Section 28(4) A person who contravenes paragraph (2) or (3) commits an offence. - 29
GENERAL PROVISIONS - 29.[Deleted by L.N. 126/2022, r. 2]
AI-assisted research summary: Section 29 deleted by L.N. 126/2022, r. 2.
Section 29.[Deleted by L.N. 126/2022, r. 2] - 30
GENERAL PROVISIONS - 30. Fees
AI-assisted research summary: Fees for licences and permits are set out in the Second Schedule; charges on traded produce in transit are charged once at the point of exit in the County of origin and no further charge may be imposed on the same consignment as it traverses counties.
Section 30. Fees Section 30(1) The fees payable for licenses and permits issued under these Regulations shall be as set out in the Second Schedule. Section 30(2) Any charges on traded produce on transit shall be charged once at the point of exit in the County of origin and no other charge shall be instituted on the same consignment as it traverses across counties. - 31
GENERAL PROVISIONS - 31. General penalty
AI-assisted research summary: A person who commits an offence under these Regulations, for which no penalty is prescribed, is liable on conviction to a fine not exceeding five hundred thousand shillings, or imprisonment for up to one year, or both.
Section 31. General penalty Section A person who commits an offence under these Regulations for which no penalty is prescribed shall, upon conviction, be liable to a fine not exceeding five hundred thousand shillings, or to a term of imprisonment for a period not exceeding one year or to both in accordance with section 37 of the Act.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
The Crops (Miraa) Regulations
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in