The Crops (Horticultural Crops) Regulations
The Authority or county government may revoke a nursery or mother block operator's certificate of registration if the operator contravenes the Act, regulations under the Act, or conditions in the certificate.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 118 of 2020
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
The Authority or county government may revoke a nursery or mother block operator's certificate of registration if the operator contravenes the Act, regulations under the Act, or conditions in the certificate. A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service. Registered commercial nursery operators must keep records of distributed planting materials, produce them on demand for inspection, and submit annual statistical returns (Form 5) to the Authority; contravening the record-keeping or return obligations is an offence. Growers or grower associations may apply to the Authority to register; the Authority must enter qualifying associations in the register and issue certificates of registration. Persons who intend to deal in horticultural crops in the domestic market must apply to the Authority in Form 7; the Authority must issue a registration certificate in Form 8 if requirements are met; dealers must display the certificate; certificates are valid until the 30th of June following issue and renewal applications must be made at least three months before expiry.
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Provisions of The Crops (Horticultural Crops) Regulations
Showing 33 of 33
Part II
PRODUCTION AND PRODUCTIVITY
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PRODUCTION AND PRODUCTIVITY - 10. Revocation of certificate of nursery or mother block registration.
AI-assisted research summary: The Authority or county government may revoke a nursery or mother block operator's certificate of registration if the operator contravenes the Act, regulations under the Act, or conditions in the certificate.
Section 10. Revocation of certificate of nursery or mother block registration. Section The Authority or county government may revoke a certificate of registration issued to a nursery or a mother block operator if that operator contravenes the provisions of the Act, any regulations issued under the Act or any conditions specified in the certificate. - 11
PRODUCTION AND PRODUCTIVITY - 11. Certification of planting materials
AI-assisted research summary: A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service.
Section 11. Certification of planting materials Section 11(1) A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service. Section 11(2) A person who contravenes this regulation commits an offence. - 12
PRODUCTION AND PRODUCTIVITY - 12. Nursery records and returns
AI-assisted research summary: Registered commercial nursery operators must keep records of distributed planting materials, produce them on demand for inspection, and submit annual statistical returns (Form 5) to the Authority; contravening the record-keeping or return obligations is an offence.
Section 12. Nursery records and returns Section 12(1) A commercial nursery operator who is registered by the Authority or county government shall keep records of distributed planting materials and shall produce the records on demand for inspection. Section 12(2) The records referred to in subregulation (1) shall indicate the varieties purchased and the buyer’s name, county, sub-county, ward and postal address. Section 12(3) A nursery operator shall submit annual statistical returns to the Authority Form 5 set out in the Second Schedule. Section 12(4) A person who contravenes subregulation (1) or (3) commits an offence. - 13
PRODUCTION AND PRODUCTIVITY - 13. Registration of grower associations.
AI-assisted research summary: Growers or grower associations may apply to the Authority to register; the Authority must enter qualifying associations in the register and issue certificates of registration.
Section 13. Registration of grower associations. Section 13(1) A plantation grower or a grower association may apply to the Authority for registration in Form 6 set out in the Second Schedule. Section 13(2)(a) a certificate of registration; Section 13(2)(b) a list of the association’s officials; Section 13(2)(c) a list of the registered members; Section 13(2)(d) a list of horticultural crops grown by the members; Section 13(2)(e) the code of conduct for the association. Section 13(3) No fee shall be charged for the registration of grower associations. Section 13(4) The Authority shall, if satisfied that the applicant meets the requirements for registration, enter the name and particulars of the association in the register and issue a certificate of registration subject to such terms and conditions as it deems necessary. - 14
PRODUCTION AND PRODUCTIVITY - 14. Registration of dealers in the domestic market
AI-assisted research summary: Persons who intend to deal in horticultural crops in the domestic market must apply to the Authority in Form 7; the Authority must issue a registration certificate in Form 8 if requirements are met; dealers must display the certificate; certificates are valid until the 30th of June following issue and renewal applications must be made at least three months before expiry.
Section 14. Registration of dealers in the domestic market Section 14(1) A person who intends to deal in horticultural crops in the domestic market shall make an application to the Authority in Form 7 set out in the Second Schedule. Section 14(2) If the Authority is satisfied that the applicant meets the registration requirements, the Authority shall issue a certificate of registration to the applicant. Section 14(3) A certificate of registration issued under this regulation shall be in Form 8 set out in the Second Schedule. Section 14(4) A dealer shall conspicuously display the certificate issued under subregulation (3) at his place of business. Section 14(5) A certificate of registration issued under this regulation shall not be transferrable shall be valid until the thirtieth of June next following the date of issue. Section 14(6) An application for renewal of registration shall be made to the Authority at least three months before the expiry date in Form 7 set out in the Second Schedule. - 15
PRODUCTION AND PRODUCTIVITY - 15. Registration of horticultural produce clearing agents.
AI-assisted research summary: Clearing agents who intend to clear horticultural produce must apply to the Authority for registration using Form 9 and submit specified supporting documents; if the Authority is satisfied it will enter the applicant in the register and issue a Form 10 certificate.
Section 15. Registration of horticultural produce clearing agents. Section 15(1) A clearing agent who intends to clear horticultural produce shall apply to the Authority for registration in Form 9 set out in the Second Schedule. Section 15(2)(a) the fee set out in the Third Schedule Section 15(2)(b) a copy of the certificate of incorporation; Section 15(2)(c) a copy of the customs license; Section 15(2)(d) a copy the Kenya Revenue Authority PIN certificate; Section 15(2)(e) a copy of the certificate from the Kenya International Freight and warehouse Association of Kenya; Section 15(2)(f) a contract or an agreement between the clearing and forwarding agent and the exporter; Section 15(2)(g) two coloured passport photos for a processing clerk; Section 15(2)(h) a copy of the national identification card for the processing clerk; and Section 15(2)(i) a copy of a certificate of good conduct from the National Police Service for the processing clerk. Section 15(3) The Authority shall, if satisfied with that the application meets the registration requirements, enter the name of the applicant in the register and issue the applicant with a certificate in Form 10 set out in the Second Schedule subject to such terms and conditions it deems necessary. - 5
PRODUCTION AND PRODUCTIVITY - 5. Approved sources of planting materials
AI-assisted research summary: A commercial nursery operator shall not procure rootstock, scion or seed from a source that is not approved.
Section 5. Approved sources of planting materials Section 5(1) A commercial nursery operator shall not procure rootstock, scion or seed from a source that is not approved. Section 5(2) A person who contravenes subregulation (1) commits an offence. - 6
PRODUCTION AND PRODUCTIVITY - 6. Obligation to register nurseries and mother blocks
AI-assisted research summary: Persons may not operate commercial nurseries or mother blocks for domestic supply without a county government registration certificate, and may not operate them for export without an Authority registration certificate; contravention is an offence.
Section 6. Obligation to register nurseries and mother blocks Section 6(1) A person shall not operate a commercial nursery or a mother block for supply to the domestic market unless the person holds a valid certificate of registration from the respective county government. Section 6(2) A person shall not operate a commercial nursery or mother block for supply to the export market unless the person holds a valid certificate of registration from the Authority. Section 6(3) A person who contravenes subregulation (1) or (2) commits an offence. - 7
PRODUCTION AND PRODUCTIVITY - 7. Registration of nurseries or mother blocks for domestic market.
AI-assisted research summary: Persons intending to operate a commercial nursery or mother block for the domestic market must apply to the respective county government for registration using Form 1.
Section 7. Registration of nurseries or mother blocks for domestic market. Section 7(1) A person who intends to operate a commercial nursery or a mother block for supply to the domestic market shall apply for registration to the respective county government in Form 1 set out in the Second Schedule. Section 7(2)(a) sanitation standards are maintained at the propagation area; Section 7(2)(b) the seedlings are protected from diseases and pests; Section 7(2)(c) the area is free from organic and inorganic litter; Section 7(2)(d) there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch; Section 7(2)(e) the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination; Section 7(2)(f) the planting media used is free from microbial and chemical contamination; Section 7(2)(g) the nursery layout is secured from animals and other pests; Section 7(2)(h) the layout has East to West orientation, has a gentle slope and allows for good drainage; Section 7(2)(i) there are structures in place for the nursery operations including shade nets, polytunnels and insect proof net, a certified laboratory for tissue culture material and a hardening off area; Section 7(2)(j) the scion, seeds or rootstock are obtained from an approved source; Section 7(2)(k) the nursery seedlings are labelled with the seedling type, date of planting, grafting or budding where applicable; Section 7(2)(l) the seedlings ready for dispatch are tagged or labelled appropriately indicating the seedling variety; Section 7(2)(m) the distribution records of the nursery showing the buyer’s name, county, sub county, ward, postal address and varieties purchased are maintained; Section 7(2)(n) the nursery is located one hundred meters away from the orchard to prevent cross pollination; and Section 7(2)(o) the operator or the operator’s agent has adequate knowledge of nursery management and horticultural techniques in respect of the horticultural crops to be grown. Section 7(3) The county government shall, if satisfied that the applicant meets the requirements in subregulation (2), issue a certificate of registration in Form 2 set out in the Second Schedule to the applicant in respect of the inspected site. Section 7(4) A certificate of registration for a commercial nursery or a mother block shall not be transferrable and shall expire at the end of the financial year. Section 7(5) An application for renewal of registration shall be made to the respective county government at least three months before the expiry date in Form 1 set out in the Second Schedule. - 8
PRODUCTION AND PRODUCTIVITY - 8. Registration of nurseries or mother blocks for export market
AI-assisted research summary: People who intend to operate a commercial nursery or mother block for export must apply to the Authority in Form 3; the Authority will issue a registration certificate (Form 4) if requirements are met; certificates are not transferable and expire at the end of the financial year; renewal applications must be made at least three months before expiry.
Section 8. Registration of nurseries or mother blocks for export market Section 8(1) A person who intends to operate a commercial nursery or mother block for supply to the export market shall make an application to the Authority in Form 3 set out in the Second Schedule. Section 8(2)(a) sanitation standards are maintained at the propagation area; Section 8(2)(b) the seedlings are protected from diseases and pests; Section 8(2)(c) the area is free from organic and inorganic litter; Section 8(2)(d) there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch; Section 8(2)(e) the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination; Section 8(2)(f) the planting media used is free from microbial and chemical contamination; Section 8(2)(g) the nursery layout is secured from animals and other pests; Section 8(2)(h) the layout has East to West orientation, has a gentle slope and allows for good drainage; Section 8(2)(i) there are structures in place for the nursery operations including shade nets, polytunnels, insect proof nets, a certified laboratory for tissue culture material and hardening off area; Section 8(2)(j) the scion, seeds or rootstock are obtained from an approved source; Section 8(2)(k) the nursery seedlings are labelled with the seedling type, the date of planting, grafting or budding, as the case may be; Section 8(2)(l) the seedlings ready for dispatch are tagged or labelled appropriately, indicating the seedling variety; Section 8(2)(m) the distribution records of the nursery showing the buyer’s name, county, sub county, ward, postal address and varieties purchased are maintained; Section 8(2)(n) the nursery is located 100 meters away from the orchard to prevent cross pollination; and Section 8(2)(o) the personnel working in the nursery have basic training in nursery management. Section 8(3) The Authority shall, if satisfied that the applicant meets the requirements in subregulation (2), issue a certificate of registration in Form 4 set out in the Second Schedule to the applicant in respect of the inspected site. Section 8(4) A certificate of registration issued under this regulation shall not be transferrable and shall expire at the end of the financial year. Section 8(5) An application for renewal of registration shall be made to the Authority at least three months before the expiry date in Form 3 set out in the Second Schedule. - 9
PRODUCTION AND PRODUCTIVITY - 9. Conditions of nursery registration certificate.
AI-assisted research summary: Operators of commercial nurseries or mother blocks must produce their certificate of registration when an inspector requests it; contravening this regulation is an offence.
Section 9. Conditions of nursery registration certificate. Section 9(1) An operator of a commercial nursery or a mother block shall, on request by an inspector, produce the certificate of registration. Section 9(2) A person who contravenes this regulation commits an offence.
Part III
QUALITY ASSURANCE AND MARKETING
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QUALITY ASSURANCE AND MARKETING - 16. Monitoring of quality standards
AI-assisted research summary: The Authority must, working with relevant government agencies and county governments, ensure horticultural crop inputs and produce meet these Regulations and national, regional and international horticulture standards; every county government must facilitate market infrastructure to support implementing national standards.
Section 16. Monitoring of quality standards Section 16(1) The Authority shall, in collaboration with relevant Government agencies and county governments, ensure that horticultural crop inputs and produce conform to these Regulations, national, regional and international horticulture standards. Section 16(2) Every county government shall facilitate the development of market infrastructure to support the implementation of national standards. - 17
QUALITY ASSURANCE AND MARKETING - 17. Safe production and handling of horticultural produce
AI-assisted research summary: Persons must not use water, planting media or fertilizer contaminated with microbial or chemical contaminants for producing horticultural crops; county governments must ensure collection centres, markets, food stores and pack houses have sanitary facilities; contravening subregulation (1) or (2) is an offence.
Section 17. Safe production and handling of horticultural produce Section 17(1) A person shall not use water, planting media or fertilizer that contains microbial or chemical contaminants for production of horticultural crops. Section 17(2) Water used for postharvest and processing of horticultural produce shall be of potable quality. Section 17(3) Every county government shall ensure that all collection centres, retail and wholesale markets, food stores and pack houses are provided with sanitary facilities. Section 17(4) A person who contravenes subregulation (1) or (2) commits an offence. - 18
QUALITY ASSURANCE AND MARKETING - 18. Produce handling and grading at the farm
AI-assisted research summary: Sets handling, harvesting and farm-level grading requirements for horticultural produce, and makes contravening specified subregulations an offence.
Section 18. Produce handling and grading at the farm Section 18(1) Horticultural produce shall be harvested at the right stage of maturity for the intended use. Section 18(2) Harvested produce shall be handled by personnel with skills and knowledge on food safety. Section 18(3) Horticultural produce shall be harvested in the morning or evening or during cool parts of the day and kept under a shade. Section 18(4) Harvested produce shall be protected from dust and other contaminants. Section 18(5) Appropriate harvesting equipment and containers shall be used for harvesting horticultural produce. Section 18(6) Horticultural produce shall be harvested using clean crates or clean buckets. Section 18(7) Horticultural produce shall be sorted and graded as appropriate and produce unfit for the market shall be separated from marketable produce at the field level. Section 18(8) A collection shed shall be constructed for receiving produce at the field level. Section 18(9)(a) be accessible to both growers and dealers; Section 18(9)(b) be designed to allow for a store, working area and shade; Section 18(9)(c) have floors, doors, wall surfaces made with materials which are easy to clean and disinfect; Section 18(9)(d) be constructed to allow for adequate ventilation, lighting, effective produce inspection and made of acceptable materials; Section 18(9)(e) have potable water and adequate sanitation facilities; Section 18(9)(f) have waste disposal facilities; Section 18(9)(g) have clear documentation procedures and document control systems; and Produce handling and grading at the farm. Section 18(9)(h) have traceability details of any produce that is collected. Section 18(10) A person who contravenes subregulation (1), (2), (4), (6), (8) or (9) commits an offence. - 19
QUALITY ASSURANCE AND MARKETING - 19. Minimum conditions for produce handling facilities
AI-assisted research summary: Sets minimum cleanliness, facility design, and behaviour rules for produce handling facilities, including facility requirements and person-level obligations.
Section 19. Minimum conditions for produce handling facilities Section 19(1) The processing and packaging of horticultural produce shall be carried out under clean, hygienic and safe conditions as set out in the National Horticulture Standards and the Public Health Act (Cap. 242). Section 19(2) The working areas and premises of a produce handling facility shall be kept free of waste materials. Section 19(3) Any person who is within a produce handling facility shall wear protective clothing at all times. Section 19(4) Any hand used equipment or grading table shall be rust proof and easy to clean. Section 19(5) The floor layout for a produce handling facility shall allow for smooth flow of produce with adequate separation of raw materials and finished products. Section 19(6) The floors, doors and wall surfaces of a produce handling facility shall be made of impervious, nonabsorbent, non-toxic washable material which is easy to clean and disinfect. Section 19(7) A produce handling facility shall have adequate ventilation, temperature control and lighting. Section 19(8) A produce handling facility shall be designed and constructed to prevent entry of dust, domestic animals, rodents, insects, birds, or any other unwanted animals. Section 19(9) A person shall not smoke, eat or drink in a produce handling facility and appropriate signs shall be displayed in the facility to that effect. Section 19(10) Packaging materials shall be kept off the floor in a clean dry storage area that is free from the risk of contamination. Section 19(11) Horticultural produce shall move through the facility operation in the order that it is received, first in first out. Section 19(12) The traceability of horticultural produce shall be documented throughout the process chain. Section 19(13) A person who contravenes any provision in this regulation commits an offence. - 20
QUALITY ASSURANCE AND MARKETING - 20. Requirements for packaging, transportation and storage of horticultural produce and products
AI-assisted research summary: Section 20 sets technical requirements for packaging, transport and storage of horticultural produce and products, and states that a person who contravenes any provision commits an offence.
Section 20. Requirements for packaging, transportation and storage of horticultural produce and products Section 20(1) The packaging material for horticultural produce shall be designed to suit the transport handling system and shall meet market requirements. Section 20(2) The package weight of horticultural produce shall not exceed fifty kilogrammes. Section 20(3) The packaging material used for horticultural produce shall have the capacity to contain the produce, enabling the required quantity to be handled as one-unit up to the targeted destination without collapsing. Section 20(4) Horticultural produce shall, during storage and transportation, be kept at the temperature and humidity levels prescribed in the specific commodity standards for that produce. Section 20(5) Horticultural produce shall not be stored or transported together with other produce which may contaminate them or otherwise adversely affect their quality. Section 20(6) A vessel for transportation of horticultural produce shall be built and equipped to ensure maintenance of optimal temperatures and hygiene and to prevent damage, contamination and spoilage of produce. Section 20(7) Horticultural produce offered for export shall conform to the national labelling and packaging standards. Section 20(8) Every packaging material for horticultural produce for the export market shall be branded as "produce of Kenya" using the national logo prescribed by the national institution responsible for branding. Section 20(9)(a) after every six months, undergo a medical test and be issued with a medical certificate; and Section 20(9)(b) be trained on produce handling. Section 20(10) A person who contravenes any provision in this regulation commits an offence. - 21
QUALITY ASSURANCE AND MARKETING - 21. Safe use of pesticides
AI-assisted research summary: Growers must use only pest control products registered by the Pest Control Product Board and follow label instructions; growers must keep records of pesticide use and make them available to a crops inspector on demand; persons must not use unregistered post-harvest treatment products; contravention is an offence.
Section 21. Safe use of pesticides Section 21(1) A grower shall use only the pest control products registered by Pest Control Product Board in accordance with the label instructions. Section 21(2) A grower shall maintain all records of pest control products used and avail the records to a crops inspector on demand. Section 21(3)(a) the name of the crop previously grown in the same field; Section 21(3)(b) the type of seed used; Section 21(3)(c) seed dressing product used; Section 21(3)(d) date of planting; Section 21(3)(e) pest and disease records; Section 21(3)(f) pest product used in spraying; Section 21(3)(g) method of application of pest control products; Section 21(3)(h) weather conditions during the application of pest control products; Section 21(3)(i) date and rate of application of pest control products; Section 21(3)(j) irrigation frequency and dates of irrigation; Section 21(3)(k) harvesting dates and weather conditions during harvesting; Section 21(3)(l) the spray operator and equipment used; and Section 21(3)(m) sprayer and equipment calibration records. Section 21(4) A person shall not use post-harvest treatment products that are not registered by the Pest Control Product Board. Section 21(5) A person who contravenes any provision of this regulation commits an offence. - 22
QUALITY ASSURANCE AND MARKETING - 22. Traceability of produce
AI-assisted research summary: Dealers in horticultural produce must implement a traceability system and a quality management system for withdrawal and recall; they must not deal with unregistered marketing agents; contravening any provision is an offence.
Section 22. Traceability of produce Section 22(1)(a) in the case of a farm owned by the dealer, in Form 11 set out in the Second Schedule; Section 22(1)(b) in the case of produce sourced from contracted growers, in Form 12 set out in the Second Schedule; or Section 22(1)(c) in the case of produce obtained from retail or wholesale markets, in Form 13 set out in the Second Schedule. Section 22(2) A dealer in horticultural produce shall put in place the National Horticulture Traceability System or an equivalent traceability system as may be approved by the Authority. Section 22(3) A dealer in horticultural produce shall not deal with marketing agents who are not registered with the Authority. Section 22(4) A dealer in horticultural produce shall put in place a quality management system for withdrawal and recall of produce to address food safety concerns with potential to harm human health. Section 22(5) A person who contravenes any provision in this regulation commits an offence. - 23
QUALITY ASSURANCE AND MARKETING - 23. Contract farming
AI-assisted research summary: Growers supplying produce to a dealer must sign a contract with the dealer; certain sponsorship and collection actions are prohibited; contravening regulation (2) is an offence punishable by a fine up to fifty thousand shillings or up to six months imprisonment or both.
Section 23. Contract farming Section 23(1) A grower supplying produce to a dealer shall sign a contract with the dealer. Section 23(2)(a) sponsor the growing of a horticultural crop for trading without notifying the Authority; Section 23(2)(b) collect produce from a sponsored production scheme unless authorized in writing to do so by the sponsoring firm; Section 23(2)(c) return horticultural produce collected from a grower contrary to the contract; or Section 23(2)(d) impose contractual terms on the grower that do not comply with the horticultural code of conduct. Section 23(3) A person who contravenes regulation (2) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a period not exceeding six months or both. - 24
QUALITY ASSURANCE AND MARKETING - 24. Enforcement of quality standards
AI-assisted research summary: The Authority (with county government and relevant agencies) may randomly sample and test produce at collection centres, stores, pack houses, markets and warehouses to check food safety and quality; dealers are prohibited from operating without a compliance certificate in Form 14 (Second Schedule).
Section 24. Enforcement of quality standards Section 24(1) Produce in collection centres, stores, pack houses, markets, warehouses may be randomly sampled and tested by the Authority in collaboration with county government and relevant agencies from time to time to ensure conformity with food safety and quality requirements. Section 24(2) A dealer shall not operate without a compliance certificate in Form 14 set out in the Second Schedule. Section 24(3)(a) has visited and inspected the farm and confirmed that it complies with food safety and quality standards; and Section 24(3)(b) is satisfied that the dealer has adequate knowledge of national, regional and international market requirements. - 25
QUALITY ASSURANCE AND MARKETING - 25. Consequences of non-compliance with standards
AI-assisted research summary: An offender must pay the costs of seizure, detention or destruction of produce that does not comply with food safety standards.
Section 25. Consequences of non-compliance with standards Section in the case of produce that does not comply with food safety standards, be seized, detained or destroyed at the cost of the offender; and - 26
QUALITY ASSURANCE AND MARKETING - 26. Consequences of non-compliance with standards
AI-assisted research summary: People who want to be registered as importers of horticultural produce must apply to the Authority for a horticultural produce import licence in Form 15; the Authority may interview applicants, will issue a licence if requirements are met, must notify refusals in writing with reasons, licences run from 1 July to 30 June and are not transferable, and importing without a valid licence is an offence.
Section 26. Consequences of non-compliance with standards Section 26(1) A person who intends to be registered as an importer of horticultural produce shall apply to the Authority for a horticultural produce import licence in Form 15 set out in the Second Schedule. Section 26(2)(a) a copy of the certificate of incorporation, for local companies; Section 26(2)(b) a copy of the certificate of compliance for a branch of a foreign company; Section 26(2)(c) Kenya Revenue Authority PIN certificate for the company; Section 26(2)(d) a valid tax compliance certificate from the Kenya Revenue Authority; Section 26(2)(e) a copy of a valid business permit; Section 26(2)(f) copies of the identity cards or passports of the directors; Section 26(2)(g) copies of a passport and valid work permit of the directors, if they are foreigners; Section 26(2)(h) the fee set out in the Third Schedule. Section 26(3) The Authority may require the personal attendance of the applicant or an authorized representative of the applicant for interview before granting a licence. Section 26(4) If the Authority is satisfied that the applicant has satisfied the requirements for registration, the Authority shall issue the applicant with an import licence in Form 16 set out in the Second Schedule. Section 26(5) If the Authority refuses to grant an import licence, it shall inform the applicant of such refusal in writing, giving reasons thereof. Section 26(6) A licence issued under this regulation shall be valid from first July up to thirtieth of June of the following calendar year unless earlier cancelled. Section 26(7) An import licence shall not be transferrable. Section 26(8) A person who imports horticultural produce without a valid horticultural crop import licence commits an offence. - 27
QUALITY ASSURANCE AND MARKETING - 27. Import certificate
AI-assisted research summary: Registered importers who intend to import horticultural produce must apply to the Authority for a horticultural produce import certificate in Form 17; the Authority must analyse samples and, if satisfied, issue an import certificate in Form 18; non-conforming or smuggled consignments may be seized and disposed at the offender's cost; contravention of regulation (1) is an offence punishable by fine up to three hundred thousand shillings or imprisonment up to one year, or both.
Section 27. Import certificate Section 27(1) A registered importer who intends to import a consignment of horticultural produce shall apply to the Authority for a horticultural produce import certificate in Form 17 set out in the Second Schedule. Section 27(2)(a) copies of importation and customs entry documentation; Section 27(2)(b) the import permit for shipment of the specific consignment; Section 27(2)(c) evidence of payment of duties and levies; Section 27(2)(d) a certificate of origin and contact details of the exporters and importers from whom the consignment was procured; and Section 27(2)(e) the fee set out in the Third Schedule. Section 27(3) The Authority shall, on receipt of the application, analyse samples of the consignment in respect of which the application is made at the port of entry. Section 27(4) If the Authority is satisfied that the consignment of horticultural crops meets the import requirements, the Authority shall issue the applicant with an import certificate in form 18 set out in the Second Schedule. Section 27(5) Any consignment of horticultural produce that is smuggled or does not conform to the quality standards shall be seized, detained and disposed of or destroyed in an appropriate manner by the Authority at the cost of the offender. Section 27(6) A person who contravenes regulation (1) commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a period not exceeding one year, or both. - 28
QUALITY ASSURANCE AND MARKETING - 28. Export licence
AI-assisted research summary: People wanting to be registered as exporters of horticultural produce must apply to the Authority for an export licence (Form 19), submit specified documents and fees, and the Authority inspects farms, pack houses and transport and will issue a licence (Form 20) if satisfied; exporting without a licence is an offence.
Section 28. Export licence Section 28(1) A person who intends to be registered as an exporter of horticultural produce shall apply to the Authority for a horticultural produce export licence in Form 19 set out in the Second Schedule. Section 28(2)(a) a copy of the certificate of incorporation, for local companies; Section 28(2)(b) a copy of the certificate of compliance for a branch of a foreign company; Section 28(2)(c) the Kenya Revenue Authority PIN certificate for the company; Section 28(2)(d) a valid tax compliance certificate from the Kenya Revenue Authority; Section 28(2)(e) a copy of a valid business permit; Section 28(2)(f) copies of the identity cards or passports of the directors; Section 28(2)(g) copies of a passport and valid work permit of the directors, if they are foreigners; Section 28(2)(h) the registration fee set out in the Third Schedule; Section 28(2)(i) produce traceability records; Section 28(2)(j) contracts from contracted produce sources; and Section 28(2)(k) documents indicating that the applicant operates from a registered packing facility. Section 28(3)(a) inspect the farm where the horticultural produce is grown and issue the applicant with a farm inspection report, if the inspected farm complies with good agricultural practices; Section 28(3)(b) inspect the pack house facility and issue the applicant with a pack house inspection report and enter the pack house in the register, if the facility has complied with food safety requirements; and Section 28(3)(c) inspect the transport vessel used for transporting produce and issue the applicant with a transport inspection report, if the vessel has complied with food transportation standards. Section 28(4) The Authority may require the personal attendance of the applicant or an authorized representative of the applicant for an interview before granting a license. Section 28(5) The Authority shall, if satisfied with the application, enter the name of the exporter in the register and issue the applicant with an export licence in Form 20 set out in the Second Schedule subject to such terms and conditions it deems necessary. Section 28(6) If the Authority refuses to grant an export licence, it shall inform the applicant of such refusal in writing, giving reasons thereof. Section 28(7) A license issued under this regulation shall not be transferrable and shall be valid from first July to thirtieth of June of the following calendar year unless earlier cancelled. Section 28(8)(a) certified copy of business trading permit from the respective county government; Section 28(8)(b) valid tax compliance certificate from the Kenya Revenue Authority; Section 28(8)(c) farm and pack house inspection report from the Authority; Section 28(8)(d) annual marketing and production returns for the previous year and season; Section 28(8)(e) records of produce traceability; Section 28(8)(f) contracts from contracted produce sources; and Section 28(8)(g) documents indicating that the applicant operates from a registered packing facility. Section 28(9) A person who exports horticultural produce without a valid horticultural crop export licence commits an offence. - 29
QUALITY ASSURANCE AND MARKETING - 29. Export certificate
AI-assisted research summary: People intending to export horticultural produce must apply to the Authority for an export certificate in Form 21; the Authority must issue a Form 22 certificate if satisfied; exporting without a certificate is an offence punishable by a fine up to three hundred thousand shillings or up to one year imprisonment, or both.
Section 29. Export certificate Section 29(1) A person who intends to export a consignment of horticultural produce shall apply to the Authority for an export certificate in Form 21 set out in the Second Schedule. Section 29(2)(a) a copy of the horticultural produce export license; Section 29(2)(b) the product name; Section 29(2)(b)(i) the product name; Section 29(2)(b)(ii) the destination of the product; Section 29(2)(b)(iii) the consignee; Section 29(2)(b)(iv) the flight details: Section 29(2)(b)(v) the unit value of the produce, indicating the currency; and Section 29(2)(b)(vi) the weight of each product being exported in Kilograms; and Section 29(2)(c) a maturity inspection report for mangoes and avocadoes. Section 29(3) If the Authority is satisfied that the consignment of horticultural produce meets the export requirements, the Authority shall issue the applicant with an export certificate in Form 22 set out in the Second Schedule. Section 29(4) A person who exports horticultural produce from Kenya without an export certificate commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a period not exceeding one year, or both. - 30
QUALITY ASSURANCE AND MARKETING - 30. Import and export returns
AI-assisted research summary: Registered exporters or importers of horticultural produce must keep accurate transaction records and submit quarterly returns to the Authority in Form 23 set out in the Second schedule; contravening the record-keeping and return requirement is an offence.
Section 30. Import and export returns Section 30(1) A registered exporter or importer of horticultural produce shall maintain accurate records of transactions relating to horticultural produce and shall submit quarterly returns to the Authority in Form 23 set out in the Second schedule. Section 30(2) A person who contravenes subregulation (1) commits an offence. - 31
QUALITY ASSURANCE AND MARKETING - 31. Appeals
AI-assisted research summary: Appeals about licences may be made to the Cabinet Secretary; appeals must be lodged within thirty days from the date the appellant first received notice of the decision.
Section 31. Appeals Section 31(1)(a) the grant, refusal, renewal, variation or revocation; or Section 31(1)(b) the conditions imposed on the grant, renewal or variation, of a licence, may appeal to the Cabinet Secretary. Section 31(2) An appeal under this regulation shall be lodged within thirty days from the date on which the appellant first received notice of the decision.
Part IV
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 32. Fees
AI-assisted research summary: Fees for services under these Regulations are as set out in the Third Schedule.
Section 32. Fees Section The applicable fees for services rendered under these Regulations shall be as set out in the Third Schedule. - 33
MISCELLANEOUS PROVISIONS - 33. Levies
AI-assisted research summary: The Authority may recover unpaid levies as a civil debt from the person by whom the levy is payable.
Section 33. Levies Section 33(1) There shall be a levy, based on the customs value, imposed on all horticultural crops destined for export other than those canned, bottled, preserved, dehydrated or delivered to operators for canning and processing factories at the rate of 0.25 per cent of the customs value. Section 33(2)(a) imported as finished products at the rate of four percent of the import value; and Section 33(2)(b) imported as fresh products or raw materials at a rate of two percent of the import value. Section 33(3) The levy due under subregulation (3) shall be remitted to the Authority not later than the tenth day of the month following the month during which the levy was due. Section 33(4) Any levy imposed under this regulation which remains unpaid shall be recovered by the Authority as a civil debt due to it from the person by whom it is payable. Section 33(5)(a) pay an interest of twenty-five percent for the first month or part of the month in which the levy remains unpaid; and Section 33(5)(b) pay twelve percent compound interest for each subsequent month or part of the month in which the levy remains unpaid. Section 33(6) The interest rate set out in subregulation (2) shall be payable on a monthly basis. Section 33(7) The levy imposed under paragraph (1) and (2) shall be used for the operations of the Authority and development of the industry. - 34
MISCELLANEOUS PROVISIONS - 34. Alteration, suspension and revocation of licences or certificates
AI-assisted research summary: The Authority may alter, suspend or revoke licences or certificates if it believes the Act, these Regulations or a licence condition has been contravened, and must give the person fourteen days' notice to make representations before doing so.
Section 34. Alteration, suspension and revocation of licences or certificates Section 34(1) The Authority may alter, suspend or revoke a license or certificate issued under these Regulations if in its opinion the Act, these Regulations or a condition of the licence has been contravened. Section 34(2) The Authority shall, before altering, suspending or revoking a license, give the person a fourteen days’ notice to make representations. - 35
MISCELLANEOUS PROVISIONS - 35. General penalty
AI-assisted research summary: A person who contravenes these Regulations commits an offence and, on conviction, may be fined up to fifty thousand shillings or imprisoned for up to six months, or both.
Section 35. General penalty Section A person who contravenes the provisions of these Regulations for which no specific penalty is provided commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months or both. - 36
MISCELLANEOUS PROVISIONS - 36. Transitional provisions
AI-assisted research summary: Certificates or licences issued before these Regulations take effect remain valid until they expire; certificates or licences issued after that must be issued under these Regulations.
Section 36. Transitional provisions Section Any certificate or license issued before these Regulations come into operation shall remain valid until expiry, and subsequent certificates or license shall be issued under these Regulations. - 37
MISCELLANEOUS PROVISIONS - 37. Revocation L.N No. 190 of 2011
AI-assisted research summary: Revokes The Horticultural Crops Development Authority Order, 2011.
Section 37. Revocation L.N No. 190 of 2011 Section The Horticultural Crops Development Authority Order, 2011 is revoked.
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The Crops (Horticultural Crops) Regulations
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