The Crops (Fibre Crops) Regulations

These Regulations may be cited as the Crops (Fibre Crops) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 120 of 2020
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Crops (Fibre Crops) Regulations. Defines (part of) the term "grower" as "a grower who cultivates; or". The purpose of these Regulations is to provide for the regulation, promotion and development of fibre crops and fibre crop products. These Regulations apply to the procedures and conditions for registering and licensing of dealers. Retailers must hold a licence from the Authority to trade fibre crops; retailers must apply and specify collection centres; the Authority issues or rejects licences within set timeframes and may impose conditions; breaches are an offence with fines or imprisonment.

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Provisions of The Crops (Fibre Crops) Regulations

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Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Crops (Fibre Crops) Regulations.

Section 1. Citation Section These Regulations may be cited as the Crops (Fibre Crops) Regulations.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines (part of) the term "grower" as "a grower who cultivates; or".

Section 2. Interpretation Section a grower who cultivates; or
3
PRELIMINARY - 3. Purpose of these Regulations

AI-assisted research summary: The purpose of these Regulations is to provide for the regulation, promotion and development of fibre crops and fibre crop products.

Section 3. Purpose of these Regulations Section The purpose of these Regulations is to provide for the regulation, promotion and development of the fibre crops and fibre crop products.
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PRELIMINARY - 4. Scope of application of these Regulations

AI-assisted research summary: These Regulations apply to the procedures and conditions for registering and licensing of dealers.

Section 4. Scope of application of these Regulations Section the procedures and conditions for registering and licensing of dealers;

Part II

REGISTRATION AND LICENSING

10
REGISTRATION AND LICENSING - 10. Licensing of retailers

AI-assisted research summary: Retailers must hold a licence from the Authority to trade fibre crops; retailers must apply and specify collection centres; the Authority issues or rejects licences within set timeframes and may impose conditions; breaches are an offence with fines or imprisonment.

Section 10. Licensing of retailers Section 10(1) A person shall not trade in fibre crops or fibre crop products, without a licence from the Authority as a retailer. Section 10(2) A retailer shall apply for a licence in Form AFA/FCD/A4 set out in the First Schedule. Section 10(3) A retailer shall specify the collection centres the retailer acquires fibre crops from or delivers fibre crops to, in the retailer’s application for a licence. Section 10(4)(a) within sixty days of receiving the application, issue to a successful applicant a licence; or Section 10(4)(b) within thirty days of receiving the application, reject the application and indicate the reasons thereof. Section 10(5)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 10(5)(b) appeal to Cabinet Secretary. Section 10(6) Upon resubmission of a satisfactory application under subregulation (5)(a), the Authority shall issue the applicant a licence, within thirty days. Section 10(7) The Authority shall issue a licence under this regulation in Form AFA/FCD/B4 set out in the Second Schedule, subject to such conditions it deems necessary. Section 10(8) A retailer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for term not exceeding one year or to both.
11
REGISTRATION AND LICENSING - 11. Designation of collection centres

AI-assisted research summary: The Authority must, in consultation with the relevant County Government and stakeholders in the fibre crops industry, designate collection centres in each county.

Section 11. Designation of collection centres Section 11(1) The Authority in consultation with the relevant County Government and the stakeholders in the fibre crops industry, shall designate collection centres in each county. Section 11(2)(a) has an appropriate store or warehouse for storing fibre crops or fibre crop products; and Section 11(2)(b) complies with national, regional and international standards, codes of practice and best practices in the fibre crops industry. Section 11(3) A county government, growers’ entity, dealer or manufacturer may own or manage a collection centre designated as such in accordance with subregulation (1).
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REGISTRATION AND LICENSING - 12. Setting up a new fibre crop products manufacturing factory

AI-assisted research summary: A person must not set up a new fibre crop products manufacturing factory without a certificate of compliance issued by the Authority.

Section 12. Setting up a new fibre crop products manufacturing factory Section 12(1) A person shall not set up a new fibre crop products manufacturing factory without a certificate of compliance issued by the Authority. Section 12(2) A person who intends to set up a fibre crop products manufacturing factory shall make an application for a preliminary approval in Form AFA/FCD/A5 set out in the First Schedule. Section 12(3)(a) within sixty days of receiving the application, issue to a successful applicant a preliminary approval; or Section 12(3)(b) within thirty days of receiving the application, reject the application and indicate the reasons thereof. Section 12(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 12(4)(b) appeal to Court. Section 12(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a preliminary approval, within thirty days. Section 12(6) The Authority shall issue a preliminary approval under this regulation in Form AFA/FCD/B5 set out in the Second Schedule, subject to such conditions it deems necessary. Section 12(7) Upon obtaining preliminary approval, and upon completion of the factory, a person setting up a fibre crop products manufacturing factory shall, apply to the Authority for inspection in Form AFA/FCD/A6 set out in the First Schedule. Section 12(8) The Authority shall issue the applicant under subregulation (7) an inspection report in Form AFA/FCD/C2 set out in the Third Schedule. Section 12(9)(a) within fourteen days of issuing the report, issue to a successful applicant a certificate of compliance; or Section 12(9)(b) within seven days of issuing the report, notify the applicant of the reasons for the rejection the application. Section 12(10)(a) resubmit the application after addressing the reasons raised in the rejection; or Section 12(10)(b) appeal to Court. Section 12(11) Upon resubmission of a satisfactory application under subregulation (10)(a), the Authority shall issue the applicant a certificate of compliance, within fourteen days. Section 12(12) The Authority shall issue a certificate of compliance under this regulation in Form AFA/FCD/B6 set out in the Second Schedule, subject to such conditions it deems necessary. Section 12(13) A person who sets up a fibre crop products manufacturing factory without a preliminary approval or certificate of compliance, issued in accordance with this regulation commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for term not exceeding one year or to both.
13
REGISTRATION AND LICENSING - 13. Registration of fibre crop products manufacturers

AI-assisted research summary: People must be registered to manufacture fibre crop products; manufacturers must apply in a specified form; the Authority must issue or reject applications within set timeframes and maintain a register; contravention is an offence with specified penalties.

Section 13. Registration of fibre crop products manufacturers Section 13(1) A person shall not manufacture fibre crop products unless that person is registered with the Authority. Section 13(2) A fibre crop products manufacturer shall apply for registration in Form AFA/FCD/A3 set out in the First Schedule. Section 13(3)(a) within fourteen days of receiving the application, issue to an applicant who has complied with the conditions set out in the Sixth Schedule, a certificate of registration; or Section 13(3)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 13(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 13(4)(b) appeal to Court. Section 13(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a certificate of registration, within fourteen days. Section 13(6) The Authority shall issue a certificate of registration under this regulation in Form AFA/FCD/B3 set out in the Second Schedule, subject to such conditions it deems necessary. Section 13(7) The Authority shall maintain a register of all fibre crop products manufacturers in Form AFA/FCD/C1 set out in the Third Schedule. Section 13(8) A manufacturer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding five million shillings or to imprisonment for term not exceeding three years or to both.
14
REGISTRATION AND LICENSING - 14. Licensing of fibre crop products manufacturers

AI-assisted research summary: Manufacture of fibre crop products requires a licence; manufacturers must apply in Form AFA/FCD/A4 and the Authority issues licences subject to conditions and timelines; contravention is an offence with fines or imprisonment.

Section 14. Licensing of fibre crop products manufacturers Section 14(1) A person shall not manufacture fibre crop products without a licence from the Authority as a fibre crops products manufacturer. Section 14(2) A manufacturer shall apply for a licence in Form AFA/FCD/A4 set out in the First Schedule. Section 14(3)(a) within sixty days of receiving the application, issue to a successful applicant a licence; or Section 14(3)(b) within thirty days of receiving the application, reject the application and indicate the reasons thereof. Section 14(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 14(4)(b) appeal to Cabinet Secretary. Section 14(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a licence, within thirty days. Section 14(6) The Authority shall issue a licence under this regulation in Form AFA/FCD/B4 set out in the Second Schedule, subject to such conditions it deems necessary. Section 14(7) A manufacturer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding ten million shillings or to imprisonment for term not exceeding five years or to both.
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REGISTRATION AND LICENSING - 15. Registration of exporters and importers

AI-assisted research summary: Persons must be registered to export or import fibre crops or fibre crop products; exporters/importers must apply for registration and the Authority issues certificates and keeps a register. Contravention is an offence with fines or imprisonment.

Section 15. Registration of exporters and importers Section 15(1) A person shall not export or import, fibre crops or fibre crop products, unless that person is registered with the Authority. Section 15(2) An exporter or importer, shall apply for registration in Form AFA/FCD/A7 set out in the First Schedule. Section 15(3)(a) within fourteen days of receiving the application, issue to an applicant who has complied with the conditions set out in the Sixth Schedule, a certificate of registration; or Section 15(3)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 15(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 15(4)(b) appeal to Court. Section 15(5) Upon resubmission of a satisfactory application under subregulation (4) (a), the Authority shall issue the applicant a certificate of registration, within fourteen days. Section 15(6) The Authority shall issue a certificate of registration under this regulation in Form AFA/FCD/B3 set out in the Second Schedule, subject to such conditions it deems necessary. Section 15(7) The Authority shall maintain a register of all exporters and importers in Form AFA/FCD/C1 set out in the Third Schedule. Section 15(8) An exporter or importer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding five million shillings or to imprisonment for term not exceeding three years or to both.
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REGISTRATION AND LICENSING - 16. Licensing of exporters and importers

AI-assisted research summary: Persons must not export or import fibre crops or fibre crop products unless licensed by the Authority; exporters/importers must apply, the Authority issues or rejects within set timeframes, and licence conditions and monthly returns are required.

Section 16. Licensing of exporters and importers Section 16(1) A person shall not export or import, fibre crops or fibre crop products, without a licence from the Authority as an exporter or importer. Section 16(2) An exporter or importer shall apply for a licence in Form AFA/FCD/A8 set out in the First Schedule. Section 16(3)(a) within sixty days of receiving the application, issue to a successful applicant a licence; or Section 16(3)(b) within thirty days of receiving the application, reject the application and indicate the reasons thereof. Section 16(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 16(4)(b) appeal to Cabinet Secretary. Section 16(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a licence, within thirty days. Section 16(6) The Authority shall issue a licence under this regulation in Form AFA/FCD/B7 set out in the Second Schedule, subject to such conditions it deems necessary. Section 16(7) Every exporter and importer shall submit monthly returns by the fifteenth day of every month to the Authority in Form AFA/FCD/C7 set out in the Third Schedule. Section 16(8) An exporter or importer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding ten million shillings or to imprisonment for term not exceeding five years or to both.
17
REGISTRATION AND LICENSING - 17. Export and import permits

AI-assisted research summary: Exporting or importing consignments of fibre crops or fibre crop products requires a permit from the Authority for each consignment.

Section 17. Export and import permits Section 17(1) A person shall not export or import, a consignment of fibre crops or fibre crop products, without a permit from the Authority for each consignment to be exported or imported. Section 17(2) An exporter or importer shall apply for a permit in Form AFA/FCD/A9 set out in the First Schedule. Section 17(3)(a) within two days of receiving the application, issue to a successful applicant a permit; or Section 17(3)(b) within a day of receiving the application, reject the application and indicate the reasons thereof. Section 17(4)(a) within seven days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 17(4)(b) appeal to Court. Section 17(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a permit, within two days. Section 17(6) The Authority shall issue a permit under this regulation in Form AFA/FCD/B8 set out in the Second Schedule, subject to such conditions it deems necessary. Section 17(7) An exporter or importer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for term not exceeding one year or to both.
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REGISTRATION AND LICENSING - 18. Renewal of licences

AI-assisted research summary: Rules governing renewal of licences: validity period ends the thirtieth of June after issue; renewals follow new-licence application process; applicants must comply with Sixth Schedule conditions; renewals must be applied for at least thirty days before expiry; an annual inspection by a crops inspector is a prerequisite.

Section 18. Renewal of licences Section 18(1) All licences issued under these Regulations shall be valid until the thirtieth of June immediately following the date when it was issued. Section 18(2) An application for the renewal of a licence shall be made in the same manner as the application for a new licence. Section 18(3) An applicant for the renewal of a licence shall comply with the conditions set out in the Sixth Schedule Section 18(4) An application for the renewal of a licence shall be made at least thirty days before it expires. Section 18(5) An annual inspection by a crops inspector shall be a prerequisite for the renewal of a licence issued under these Regulations.
5
REGISTRATION AND LICENSING - 5. Registration of smallholder fibre crop growers

AI-assisted research summary: Rules for registration and registers for smallholder fibre crop growers, including permissions to register/apply and obligations on growers' entities, county governments and the Authority to issue certificates, maintain registers, submit returns and notify changes within specified timeframes.

Section 5. Registration of smallholder fibre crop growers Section 5(1) A smallholder fibre crop grower may register with the growers’ entity the grower so desires. Section 5(2) A smallholder fibre crop grower who opts to register in accordance with subregulation (1) may apply for registration in Form AFA/FCD/A1 set out in the First Schedule. Section 5(3)(a) within fourteen days of receiving the application, issue to a successful applicant a certificate of registration; or Section 5(3)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 5(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 5(4)(b) engage in the dispute resolution mechanisms specified in the constitution, by-laws or memorandum or articles, of the growers’ entity. Section 5(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the growers’ entity shall issue the applicant a certificate of registration, within fourteen days. Section 5(6) A growers’ entity shall issue a certificate of registration under this regulation in Form AFA/FCD/B1 set out in the Second Schedule, subject to such conditions it deems necessary. Section 5(7) A growers’ entity shall maintain a register of all smallholder fibre crops growers registered with it in Form AFA/FCD/C1 set out in the Third Schedule. Section 5(8) The register referred to in subregulation (7) shall contain the annual production data of the smallholder fibre crop growers therein. Section 5(9) A growers’ entity shall submit returns of the smallholder fibre crops growers registered with it to the respective County Government and Authority, in Form AFA/FCD/C1 set out in the Third Schedule, by the fifteenth day of January of every year. Section 5(10) Despite subregulation (9), a growers’ entity shall notify the Authority and the respective County Government, in writing, of any change in particulars of the smallholder fibre crop growers contained in the register maintained under subregulation (7), within sixty days. Section 5(11) Each respective county government shall maintain a register of all grower entities registering smallholder fibre crops growers in Form AFA/FCD/C1 set out in the Third Schedule. Section 5(12) The Authority shall maintain a register of all growers’ entities registering smallholder fibre crops growers in Form AFA/FCD/C1 set out in the Third Schedule.
6
REGISTRATION AND LICENSING - 6. Registration of fibre crops plantation growers

AI-assisted research summary: Growers must apply for registration in Form AFA/FCD/A2; the Authority must issue or reject applications within specified days, maintain a register containing annual production data, and growers must submit annual returns by 15 January.

Section 6. Registration of fibre crops plantation growers Section 6(1) A fibre crop plantation grower shall apply for registration in Form AFA/FCD/A2 set out in the First Schedule. Section 6(2)(a) within fourteen days of receiving the application, issue to a successful applicant a certificate of registration; or Section 6(2)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 6(3)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 6(3)(b) appeal to Court. Section 6(4) Upon resubmission of a satisfactory application under subregulation (3)(a), the Authority shall issue the applicant a certificate of registration, within fourteen days. Section 6(5) The Authority shall issue a certificate of registration under this regulation in Form AFA/FCD/B2 set out in the Second Schedule, subject to such conditions it deems necessary. Section 6(6) The Authority shall maintain a register of all fibre crops plantation growers registered with it in Form AFA/FCD/C1 set out in the Third Schedule. Section 6(7) The register referred to in subregulation (6) shall contain the annual production data of the fibre crop plantation growers therein. Section 6(8) A fibre crop plantation grower shall submit returns of their annual production data to the Authority, in Form AFA/FCD/C1 set out in the Third Schedule, by the fifteenth day of January of every year.
7
REGISTRATION AND LICENSING - 7. Registration of commercial nurseries

AI-assisted research summary: Operators of commercial nurseries must register with the County Government and apply using Form AFA/COUNTY/A1; the County Government must issue or reject applications within specified days and must issue certificates on satisfactory resubmission.

Section 7. Registration of commercial nurseries Section 7(1) An operator of a commercial nursery shall register with the County Government where the nursery is located. Section 7(2) An operator of a commercial nursery shall apply for registration in Form AFA/COUNTY/A1 set out in the First Schedule. Section 7(3)(a) within fourteen days of receiving the application, issue to a successful applicant a certificate of registration; or Section 7(3)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 7(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 7(4)(b) appeal to Court. Section 7(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the respective County Government shall issue the applicant a certificate of registration, within fourteen days. Section 7(6) The respective County Government shall issue a certificate of registration under this regulation in Form AFA/COUNTY/B1 set out in the Second Schedule, subject to such conditions it deems necessary.
8
REGISTRATION AND LICENSING - 8. Licensing of commercial nurseries

AI-assisted research summary: Commercial nurseries must be licensed by the County Government; operators must apply using Form AFA/COUNTY/A2 and licensed operators must submit annual returns by 15 January.

Section 8. Licensing of commercial nurseries Section 8(1) A person shall not operate a commercial nursery without a licence from the respective County government. Section 8(2) An operator of a commercial nursery shall apply to the County Government where the nursery is located, for a licence in Form AFA/COUNTY/A2 set out in the First Schedule. Section 8(3)(a) within sixty days of receiving the application, issue to a successful applicant a licence; or Section 8(3)(b) within thirty days of receiving the application, reject the application and indicate the reasons thereof. Section 8(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 8(4)(b) appeal to Cabinet Secretary. Section 8(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the respective County Government shall issue the applicant a licence, within thirty days. Section 8(6) The respective County Government shall issue a licence under this regulation in Form AFA/COUNTY/B2 set out in the Second Schedule, subject to such conditions it deems necessary. Section 8(7) A licenced operator of a commercial nursery shall submit returns of their nursery to the respective County Government and Authority, in Form AFA/FCD/C1 set out in the Third Schedule, by the fifteenth day of January of every year.
9
REGISTRATION AND LICENSING - 9. Registration of retailers

AI-assisted research summary: People who intend to trade fibre crops or fibre crop products must register with the Authority as retailers; the Authority must process applications (issue a certificate within 14 days if compliant or reject within 7 days), applicants may resubmit or appeal, and failure to register is an offence punishable by a fine or imprisonment.

Section 9. Registration of retailers Section 9(1) A person who intends to trade in fibre crops or fibre crop products, shall register with the Authority as a retailer. Section 9(2) A retailer shall apply for registration in Form AFA/FCD/A3 set out in the First Schedule. Section 9(3)(a) within fourteen days of receiving the application, issue to an applicant who has complied with the conditions set out in the Sixth Schedule, a certificate of registration; or Section 9(3)(b) within seven days of receiving the application, reject the application and indicate the reasons thereof. Section 9(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 9(4)(b) appeal to Court. Section 9(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a certificate of registration, within fourteen days. Section 9(6) The Authority shall issue a certificate of registration under this regulation in Form AFA/FCD/B3 set out in the Second Schedule, subject to such conditions it deems necessary. Section 9(7) The Authority shall maintain a register of all retailers in Form AFA/FCD/C1 set out in the Third Schedule. Section 9(8) A retailer who contravenes subregulation (1) commits an offence and shall on conviction be liable to a fine not exceeding five million shillings or to imprisonment for term not exceeding three years or to both.

Part III

STANDARDS AND QUALITY ASSUARANCE

19
STANDARDS AND QUALITY ASSUARANCE - 19. Fibre crops seed requirements

AI-assisted research summary: Persons must only use planting materials certified by Kenya Plant Health Inspectorate Services and must only trade in fibre crop seeds in accordance with the Seeds and Plant Varieties Act (Cap. 326).

Section 19. Fibre crops seed requirements Section 19(1) A person shall only use planting materials from a source certified by Kenya Plant Health Inspectorate Services. Section 19(2) A person shall only trade in fibre crop seeds in accordance with the Seeds and Plant Varieties Act. Cap. 326 .
20
STANDARDS AND QUALITY ASSUARANCE - 20. Obligations of growers

AI-assisted research summary: Obligates every grower to use certified seeds, follow specified standards and best practices, harvest only mature fibre crops, grade before sale, package per the regulations, and sell only at designated collection centres.

Section 20. Obligations of growers Section 20(1) Every grower shall only use planting seeds that are certified by in accordance with the Seeds and Plant Varieties Act. Cap. 326 . Section 20(2) Every grower shall adhere to the standards KS 2857, KS 2858 and the national, regional and international standards, codes of practice and other best practices in the cultivation of fibre crops. Section 20(3) Every grower shall harvest only physiologically mature fibre crops. Section 20(4) Every grower shall, before offering their fibre crops for sale, grade fibre crops in accordance with regulation 24. Section 20(5) Every grower shall package their fibre crops in accordance with these Regulations. Section 20(6) Every grower shall offer for sale their fibre crops only at designated collection centres.
21
STANDARDS AND QUALITY ASSUARANCE - 21. Obligations of retailers

AI-assisted research summary: Section 21 lists duties for growers and retailers on standards, trading locations, displays, packaging, grading, mixing and reporting of fibre crops and products.

Section 21. Obligations of retailers Section 21(1) Every grower shall adhere to the standards KS 2857, KS 2858 and the national, regional and international standards, codes of practice and other best practices in the handling of fibre crops and fibre crop products. Section 21(2) Every retailer shall trade in fibre crops and fibre crop products, only at designated collection centres. Section 21(3)(a) conspicuously display the prices offered per unit weight of each grade of fibre crop and fibre crop product, in the local dialect, Kiswahili and English, when the retailer’s premises are open for business; Section 21(3)(b) display sample boxes, of standard sizes, of grades of fibre crops and fibre crop products; Section 21(3)(c) display weighing scales that have been properly calibrated, serviced, Section 21(3)(d) issue original receipts to the person they sell their fibre crops or fibre crop products from and retain the duplicate receipts for the sales; and Section 21(3)(e) trade in fibre crops and fibre crop products at the price determined in accordance with pricing formula under regulation 28. Section 21(4) Every retailer shall store fibre crops and fibre crops, only at registered warehouses. Section 21(5) Every retailer shall package fibre crops or fibre crop products, only in accordance with these Regulations. Section 21(6) Every retailer shall grade fibre crops and fibre crop products in accordance with regulation 24. Section 21(7) A retailer may mix fibre crops or fibre crop products only if the crops or the products are of the same grade. Section 21(8) Every retailer shall submit monthly returns by the fifteenth day of every month to the respective County Government in Form AFA/FCD/C6 set out in the Third Schedule.
22
STANDARDS AND QUALITY ASSUARANCE - 22. Obligations of fibre crop products manufacturers

AI-assisted research summary: Fibre crop products manufacturers must source, grade, maintain quality and machinery, adhere to standards, and submit monthly returns; they may mix same-grade products and may add capacity only with prior approval from the Authority.

Section 22. Obligations of fibre crop products manufacturers Section 22(1) Every fibre crop products manufacturer shall acquire fibre crops and fibre crop products only from a registered person. Section 22(2) Every fibre crop products manufacturer shall grade fibre crops and fibre crop products in accordance with regulation 24. Section 22(3) A fibre crop products manufacturer may mix fibre crops or fibre crop products only if the crops or the products are of the same grade. Section 22(4) Every fibre crop products manufacturer shall ensure that the quality of the fibre crops and fibre crop products are maintained to avoid any contamination. Section 22(5) Every fibre crop products manufacturer shall maintain and operate machinery in a manner that it will not deteriorate or damage fibre crops and fibre crop products. Section 22(6) Every fibre crop products manufacturer shall adhere to the standards KS 2857, KS 2858 and the national, regional and international standards, codes of practice and other best practices in the cultivation of fibre crops. Section 22(7) A fibre crop products manufacturer may install additional processing capacity or vary the type of manufacturing only with prior approval from the Authority. Section 22(8) Every fibre crop products manufacturer shall submit monthly returns by the fifteenth day of every month to the Authority in Form AFA/FCD/C3 set out in the Third Schedule.
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STANDARDS AND QUALITY ASSUARANCE - 23. Baling

AI-assisted research summary: Manufacturers of fibre crop products must legibly and indelibly label their bales with specified information and must adhere to specified standards.

Section 23. Baling Section 23(1) A fibre crop products manufacturer shall label legibly and indelibly, their bales. Section 23(2)(a) the name of the fibre crop or fibre crop product; Section 23(2)(b) the grade of the fibre crops or fibre crop products; Section 23(2)(c) the country of origin of the fibre crops or fibre crop products; Section 23(2)(d) the bale number of the fibre crops or fibre crop products; Section 23(2)(e) the lot number of the fibre crops or fibre crop products; Section 23(2)(f) the year the fibre crop was harvested; and Section 23(2)(g) the net weight of the bale in kilograms. Section 23(3) The ink is used to label a bale under subregulation (1) shall not penetrate the bale to avoid contamination of the fibre crops or the fibre crop products within the bale. Section 23(4) Every fibre crop products manufacturer shall adhere to the standards KS 2857, KS 2858 and the national, regional and international standards, codes of practice and other best practices in the baling of fibre crops and fibre crop products. Section 23(5) Sisal fibre crops and fibre crop products shall be packaged in bales weighing either fifty, one hundred, two hundred, or two hundred and fifty kilograms. Section 23(6) Cotton lint fibre crops or fibre crop products shall be packaged in bales in accordance to ISO 8115. Section 23(7) A bale prepared in accordance with subregulation (6) shall have a minimum weight of one hundred and eighty-five kilograms and a maximum weight of two hundred and twenty kilograms.
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STANDARDS AND QUALITY ASSUARANCE - 24. Grading and inspection of fibre crops and fibre crop products

AI-assisted research summary: Growers and retailers must sample and grade all fibre crops and fibre crop products according to the grades in the Fifth Schedule; the Authority must issue grading reports (including within seven days after resubmission of a satisfactory application).

Section 24. Grading and inspection of fibre crops and fibre crop products Section 24(1) Every grower and retailer shall sample and grade all fibre crops and fibre crop products in accordance with the grades set out in the Fifth Schedule. Section 24(2)(a) apply to the Authority for inspecting and grading in Form AFA/FCD/A10 as set out in the First Schedule; and Section 24(2)(b) supply samples of the person’s fibre crops and fibre crop products to the Authority. Section 24(3)(a) within seven days of receiving the application and the samples, issue to a successful applicant a grading report; or Section 24(3)(b) within three days of receiving the application and the samples, reject the application and indicate the reasons thereof. Section 24(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 24(4)(b) appeal to Court. Section 24(5) Upon resubmission of a satisfactory application under subregulation (4) (a), the Authority shall issue the applicant a grading report, within seven days. Section 24(6)(a) specifying the results of the analysis and the recommended grade of the samples delivered to it; and Section 24(6)(b) in Form AFA/FCD/C4 set out in the Third Schedule, subject to such conditions it deems necessary.
25
STANDARDS AND QUALITY ASSUARANCE - 25. Classing and grading of cotton lint

AI-assisted research summary: The Authority must class and grade all cotton lint per the Fifth Schedule; persons must apply in Form AFA/FCD/A10 and provide samples; the Authority must issue or reject reports within specified short timeframes and applicants may resubmit or appeal.

Section 25. Classing and grading of cotton lint Section 25(1) The Authority shall class and grade all cotton lint in accordance with the grades set out in the Fifth Schedule. Section 25(2)(a) apply to the Authority for classing and grading in Form AFA/FCD/A10 as set out in the First Schedule; and Kenya Subsidiary Legislation, 2020 1451 Section 25(2)(b) supply samples of the person’s cotton lint to the Authority. Section 25(3)(a) within seven days of receiving the application and the samples, issue to a successful applicant a classing and grading report; or Section 25(3)(b) within three days of receiving the application and the samples, reject the application and indicate the reasons thereof. Section 25(4)(a) within fourteen days of the decision, resubmit the application after addressing the reasons raised in the rejection; or Section 25(4)(b) appeal to Court. Section 25(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a classing and grading report, within seven days. Section 25(6)(a) specifying the results of the analysis and the recommended grade of the samples delivered to it; and Section 25(6)(b) in Form AFA/FCD/C5 set out in the Third Schedule, subject to such conditions it deems necessary.
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STANDARDS AND QUALITY ASSUARANCE - 26. Prohibition against adulteration

AI-assisted research summary: Persons are prohibited from adulterating fibre crops or fibre crop products.

Section 26. Prohibition against adulteration Section 26(1) A person shall not adulterate fibre crops or fibre crop products. Section 26(2) A person who contravenes subregulation (1) commits an offence.

Part IV

TRADE AND MARKETING

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TRADE AND MARKETING - 27. Unprocessed sisal leaf

AI-assisted research summary: A person must not buy an unprocessed sisal leaf from a smallholder grower unless payment for the leaf is pegged to the resulting fibre crop or fibre crop product.

Section 27. Unprocessed sisal leaf Section 27(1) A person shall not buy an unprocessed sisal leaf from a smallholder grower unless the payment for the leaf is pegged on the fibre crop or the fibre crop product resultant from the leaf. Section 27(2) A person who contravenes subregulation (1) commits an offence.
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TRADE AND MARKETING - 28. Fibre Crops and Fibre Crop Products Pricing Committee

AI-assisted research summary: Establishes a Fibre Crops and Fibre Crop Products Pricing Committee; the Committee must develop the pricing formula; the Cabinet Secretary appoints certain members through a competitive and transparent process; appointed members serve two-year terms and may be reappointed once.

Section 28. Fibre Crops and Fibre Crop Products Pricing Committee Section 28(1) There is established a Fibre Crops and Fibre Crop Products Pricing Committee. Section 28(2) The Committee shall be responsible for the development of the pricing formula for fibre crops and fibre crop products. Section 28(3)(a) the Principal Secretary responsible for the crop development; Section 28(3)(b) the Director-General of the Authority; Section 28(3)(c) one County Executive Committee Member nominated by the Council of Governors; Section 28(3)(d) one representative of the growers of cotton fibre crop; Section 28(3)(e) one representative of the growers of sisal fibre crop; Section 28(3)(f) one representative of ginners; Section 28(3)(g) one representative of the manufacturers of sisal fibre crop products; Section 28(3)(h) one representative of the exporters and importers of cotton fibre crops and fibre crop products; Section 28(3)(i) one representative of the exporters and importers of sisal fibre crops and fibre crop products; and Section 28(3)(j) two representatives of the spinning and textile millers. Section 28(4) The chairperson of the Committee shall be the Principal Secretary responsible for crop development. Section 28(5) The Cabinet Secretary shall appoint the persons under subregulation (3) (d), (e), (f), (g), (h), (i) and (j) shall be through a competitive and transparent process. Section 28(6) The persons appointed under subregulations (3)(d), (e), (f), (g), (h), (i) and (j) shall serve for a term of two years but shall, subject to satisfactory performance, be eligible for re-appointment for one further term of two years. Section 28(7)(a) by resignation by a letter addressed to the Cabinet Secretary; Section 28(7)(b) on the written recommendation of the body which the member represents revoking the nomination of that member; Section 28(7)(c) upon being found liable for gross misconduct or abuse of office in contravention of the Public Officers Ethics Act or any other law; Section 28(7)(d) if the member is absent, without permission of the chairperson, from three successive meetings of the Committee of which the member has received notice; Section 28(7)(e) if the Committee determines that the member is incapable of performing the member’s duties by reason of mental or physical infirmity; Section 28(7)(f) upon adjudication or admission of bankruptcy; or Section 28(7)(g) upon conviction for an offence relating to corruption or contravention of Chapter Six of the Constitution and sentenced for a term exceeding six months imprisonment without an option of a fine. Section 28(8) The business and affairs of the Committee shall be as set out in the Seventh Schedule. Section 28(9) The Authority shall provide secretariat services to the Committee. Section 28(10) The members of the Committee shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
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TRADE AND MARKETING - 29. Movement permit

AI-assisted research summary: County Governments must issue movement permits to transporters of fibre crops or fibre crop products and those permits must indicate origin, transit counties and destination.

Section 29. Movement permit Section 29(1) The respective County Government from where the fibre crops have been cultivated shall issue a movement permit to a transporter of the fibre crops. Section 29(2) The respective County Government from where the manufacturing factory is registered as a business entity shall issue a movement permit to a transporter of the fibre crops or fibre crop products that the factory handles. Section 29(3) The movement permit issued in accordance with subregulation (1) shall indicate the origin, all the other counties through which the fibre crops are to be transported and the destination of the fibre crops. Section 29(4) The movement permit issued in accordance with subregulation (2) shall indicate the specific manufacturing factory from which the fibre crops or fibre crop products are dispatched, all the other counties through which the fibre crops and fibre crop products are to be transported and the destination of the fibre crops and fibre crop products. Section 29(5) A movement permit issued in accordance with this regulation shall be valid in each of the county governments through which fibre crops or fibre crop products are transported and the county government responsible of the destination of the fibre crops or fibre crop products.
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TRADE AND MARKETING - 30. Agreements between growers and dealers

AI-assisted research summary: Registered growers may enter into agreements with persons dealing in fibre crops or fibre crop products; persons who intend to sponsor cultivation of fibre crops must enter into agreements with growers or growers’ associations; agreements must be deposited with the County Government and the Authority and the agreement form is as set out in the Fourth Schedule.

Section 30. Agreements between growers and dealers Section 30(1) A registered grower may enter into agreement with a person dealing in fibre crops or fibre crop products. Section 30(2) The agreement entered into in accordance with this regulation (1) shall be as set out in the Fourth Schedule. Section 30(3) A person who intends to sponsor the cultivation of fibre crops shall enter into an agreement with the growers or growers’ association. Section 30(4) A copy of the agreement entered into in accordance with this regulation shall be deposited with the respective County Government and the Authority.

Part V

INSPECTION AND COMPLIANCE

31
INSPECTION AND COMPLIANCE - 31. Appointment of crops inspectors

AI-assisted research summary: Crops inspectors appointed by the Authority must carry out inspections of all fibre crops and fibre crop products to ensure compliance; appointed inspectors must not deal in fibre crops or fibre crop products while appointed; county governments may nominate candidates; the Authority may publish appointments in the Gazette.

Section 31. Appointment of crops inspectors Section 31(1) The crops inspectors appointed by Authority in accordance with section 27 of the Act shall be responsible for carrying out inspections of all fibre crops and fibre crop products to ensure compliance to requirements of the Act and these Regulations. Section 31(2)(a) is a Kenyan citizen; Section 31(2)(b) satisfies the requirements of Chapter Six of the Constitution; Section 31(2)(c) a diploma in agriculture or agriculture related field and a minimum of two years’ relevant experience; or Section 31(2)(c)(i) a diploma in agriculture or agriculture related field and a minimum of two years’ relevant experience; or Section 31(2)(c)(ii) a bachelor’s degree in agriculture or agriculture related field from a recognized university and a minimum of a year’s relevant experience; and Section 31(2)(d) has undergone training in relevant course in inspection. Section 31(3) A county government may nominate a qualified person for consideration and appointment as a crop inspector. Section 31(4) The Authority may publish in the Gazette the crops inspectors appointed under section 27 of the Act. Section 31(5) A person appointed as a crops inspector shall not, while being so appointed, engage in any business connected with dealing in fibre crops or fibre crops products.
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INSPECTION AND COMPLIANCE - 32. Inspections and surveillance

AI-assisted research summary: Section 32 authorizes crops inspectors to inspect, inquire, enter, request documents, seize items, monitor compliance and carry out surveillance, requires persons on inspected premises to assist, requires inspectors to issue inspection reports, and requires the Authority to issue certificates of compliance when satisfied.

Section 32. Inspections and surveillance Section 32(1)(a) inspect the field operations of a grower when cultivating fibre crops; Section 32(1)(b) inspect the handling, packaging, labelling, pricing, grading, sampling, units of measurement, and handling of fibre crops or fibre crop products and any equipment used thereof; Section 32(1)(c) inquire for such information as he deems necessary from any person in relation to the cultivation or dealing in fibre crops or fibre crop products; Section 32(1)(d) enter any land, premises or vehicle, used by a grower or retailer of fibre crops or fibre crops products; Section 32(1)(e) request for the production of a licence or certificate for examination; Section 32(1)(f) seize and remove any article or thing which the inspector has reasonable grounds for believing that an offence under the Act or these Regulations is being or has been used to commit; Section 32(1)(g) monitor and enforce the compliance to standards and codes of practice; and Section 32(1)(h) carry out surveillance at entry points and in areas where fibre crop or fibre crop products are traded. Section 32(2) The owner, occupier or any person, on premises or a vehicle on which a crops inspector is conducting an inspection, shall render any assistance as may be required by the inspector. Section 32(3) A crops inspector shall issue inspection report in Form AFA/FCD/C2 set out in the Third Schedule, to the Authority pursuant to conducting an inspection in accordance with subregulation (1). Section 32(4) An application for inspection pursuant to subregulation (3) shall be in Form AFA/FCD/A6 set out in the First Schedule. Section 32(5) Upon being satisfied that all requirements have been met, the Authority shall issue a certificate of compliance Form AFA/FCD/B6 set out in the Second Schedule.
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INSPECTION AND COMPLIANCE - 33. Illegal manufacture and possession

AI-assisted research summary: It is an offence for a person to grow, manufacture or process otherwise than in accordance with the Act and these Regulations, or to acquire from an unregistered grower or dealer; on conviction the person is liable to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding five years, or both.

Section 33. Illegal manufacture and possession Section 33(1)(a) has been grown, manufactured or processed otherwise than in accordance with the Act and these Regulations; or Section 33(1)(b) is acquired from an unregistered grower or dealer. Section 33(2) A person who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding five years, or both.
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INSPECTION AND COMPLIANCE - 34. Notices issued for non-compliance

AI-assisted research summary: If a person fails to comply with an order, the Authority or the respective County Government must issue that person a fourteen days’ notice describing the corrective measures; failure to take those measures may result in the penalties prescribed under these Regulations or the Act.

Section 34. Notices issued for non-compliance Section 34(1) Where a person fails to comply with any order made pursuant to these Regulations, the Authority or the respective County Government shall issue that person a fourteen days’ notice of its intention to take the necessary corrective measures to ensure compliance with these Regulations and the Act. Section 34(2) The notice issued under subregulation (2) shall set out the necessary corrective measures which the person addressed in the notice is to take in order to ensure compliance with these Regulations and the Act. Section 34(3) A person who fails to take the necessary corrective measures specified in the notice issued under subregulation (1) shall, may be liable to the penalty prescribed under these Regulations or the Act for failure to comply with the order made pursuant to these Regulations.

Part VI

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 35. Revocation and surrender of certificates, licences or permits

AI-assisted research summary: The Authority or the county government may revoke certificates, licences or permits for non‑compliance; revoked items cease on the revocation date; holders must immediately surrender revoked items; the Authority or county government must publish revoked items in a circular.

Section 35. Revocation and surrender of certificates, licences or permits Section 35(1) The Authority or the respective County government may revoke a certificate, licence or permit, issued by them in accordance with these Regulations, if the conditions of the certificate, licence or permit, have not been complied to. Section 35(2) If a certificate, licence or permit, is revoked, the holder shall immediately surrender it to the Authority or to the respective County Government as the case may be. Section 35(3) A certificate, licence or permit, that is revoked under this regulation shall cease to have effect on the date of its revocation. Section 35(4) The Authority or the respective County Government shall publish all the revoked certificated, licences or permits in a circular which shall be issued to all stakeholders.
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MISCELLANEOUS PROVISIONS - 36. Appeal process for grant, refusal, renewal, variation or revocation of the conditions of licences

AI-assisted research summary: The Cabinet Secretary must consider appeals made under these Regulations and deliver a decision to all affected parties within forty-five days after receiving the appeal.

Section 36. Appeal process for grant, refusal, renewal, variation or revocation of the conditions of licences Section 36(1) An appeal against the grant, refusal, renewal, variation or revocation of the conditions imposed, on a licence issued under these Regulations, made to the Cabinet Secretary, shall be in writing and be delivered to the Cabinet Secretary within thirty days from the date of notification of the decision by the Authority. Section 36(2) The Cabinet Secretary shall consider the appeal delivered to him in accordance with these Regulations and deliver his decision on the appeal, to all the affected parties within forty-five days after receiving the appeal.
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MISCELLANEOUS PROVISIONS - 37. General penalty

AI-assisted research summary: A person who contravenes any provision of these Regulations, or who commits an offence for which no penalty is prescribed, is liable on conviction to a fine up to five hundred thousand shillings, or to imprisonment up to one year, or to both.

Section 37. General penalty Section A person who contravenes any provision of these Regulations, or commits an offence for which no penalty is prescribed, shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both.
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MISCELLANEOUS PROVISIONS - 38. Fees

AI-assisted research summary: Applicants for services under the Regulations must pay the fees set out in the Eighth Schedule; exporters or importers must pay a sisal inspection fee at a rate of zero point five percent of the gross free board value per ton on imported or exported sisal fibre crops or products.

Section 38. Fees Section 38(1) A person who applies for the services rendered under these Regulations, including the issuance of certificates, licences or permits, and fibre grading shall pay the fees set out in the Eighth Schedule. Section 38(2) A sisal inspection fee at a rate of zero point five percent of the gross free board value per ton, of all imported or exported sisal fibre crops or fibre crop products, shall be charged payable by the exporter or importer, as the case may be.
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MISCELLANEOUS PROVISIONS - 39. Dispute resolution between growers and dealers

AI-assisted research summary: Growers and dealers may provide for arbitration in their agreements or enter a separate arbitration agreement; dispute resolution under the regulation is to be conducted in a manner the parties and the arbitrator consider appropriate.

Section 39. Dispute resolution between growers and dealers Section 39(1) The agreement entered into by a grower and a dealer in accordance with regulation 30, may provide for an arbitration clause for the settlement of disputes that may arise in the performance of the terms of that agreement. Section 39(2) Notwithstanding subregulation (1), a grower and a dealer may enter into a separate agreement that provided for the resolution of disputes that may arise between the grower and the dealer by arbitration. Section 39(3) The resolution of a dispute in accordance with this regulation shall be conducted in the manner the parties and the arbitrator consider appropriate, having regard to the desirability of avoiding unnecessary delay or expense while at the same time affording the parties a fair and reasonable opportunity to present their cases.
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MISCELLANEOUS PROVISIONS - 40. Transitional provisions

AI-assisted research summary: Holders must acquire subsequent certificates, licences and permits in accordance with these Regulations.

Section 40. Transitional provisions Section All certificates, licences and permits, validly in force before the coming into operation of these Regulations shall remain valid until their expiry and the holders shall acquire any subsequent certificates, licences and permits in accordance with these Regulations.

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