The Dairy Industry (Registration, Licensing, Cess and Levy) Regulations

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 16 of 2021
Version: Undated source snapshot
Language: en

Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.

Source attribution: Source: Kenya Law

Statute overview

About this statute

People who wish to be primary producers must register under the regulation, except primary producers who produce milk and sell to a neighbor for domestic consumption; contravening registration requirements or obtaining registration by fraud is an offence punishable by a fine not exceeding two thousand shillings or one-month imprisonment or both. Primary producer registration must be submitted to the county department using Form A; cooperatives or aggregators must submit member lists; County Government must register producers and issue a unique number upon receipt of Form A; no registration fee is payable by primary producers; registration is one-off; county departments must establish strategies to ensure all primary producers are registered. Requires cooperatives, producer groups or aggregators and county governments to keep registers of primary producers; county governments must submit details quarterly to the Board; the Board updates the register annually; producers must notify county governments to deregister and deregistered persons must reapply under regulation 6 to resume. Registers must be open for inspection by interested persons for official or legitimate purposes during working hours; interested persons may take notes or photocopy at their own cost; persons (other than county officers) who make notes or photocopies must pay an inspection fee to the county; the county department may correct clerical errors but must not make substantive corrections; inspection is conducted under the Access to Information Act and Data Protection Act. The fees for a dairy business licence are set out in Form F of the Fifth Schedule. A county government may waive part or all of the fee required under this regulation.

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Provisions of The Dairy Industry (Registration, Licensing, Cess and Levy) Regulations

Showing 24 of 24

Part II

REGISTRATION OF PRIMARY PRODUCERS

5
REGISTRATION OF PRIMARY PRODUCERS - 5. Registration of primary producers

AI-assisted research summary: People who wish to be primary producers must register under the regulation, except primary producers who produce milk and sell to a neighbor for domestic consumption; contravening registration requirements or obtaining registration by fraud is an offence punishable by a fine not exceeding two thousand shillings or one-month imprisonment or both.

Section 5. Registration of primary producers Section 5(1) A person who wishes to be a primary producer shall register under this regulation. Section 5(2) Paragraph (1) shall not apply to a primary producer who produces milk and sells to a neighbor for domestic consumption. Section 5(3) A person who contravenes sub-regulations (1) or obtains registration through fraudulent misrepresentation of any material fact commits an offence and is liable to a fine not exceeding two thousand shillings or one-month imprisonment or to both.
6
REGISTRATION OF PRIMARY PRODUCERS - 6. Application for registration

AI-assisted research summary: Primary producer registration must be submitted to the county department using Form A; cooperatives or aggregators must submit member lists; County Government must register producers and issue a unique number upon receipt of Form A; no registration fee is payable by primary producers; registration is one-off; county departments must establish strategies to ensure all primary producers are registered.

Section 6. Application for registration Section 6(1) Registration of a primary producer shall be submitted to the respective county department and shall be in Form A of the First Schedule. Section 6(2) Where a primary producer is a member of a cooperative society, other registered producer groups, the cooperative, producer group or aggregator and not the primary producer, shall submit the list of its members for registration with the County Government. Section 6(3) Upon receipt of a dully filled Form A from a primary producer, the County Government shall without prejudice register the primary producer and issue the primary producer with a unique number. Section 6(4) No fee shall be payable by a primary producer as a requirement for registration. Section 6(5) The registration as a primary producer is a one-off process. Section 6(6) A county department shall establish strategies to ensure that every primary producer is registered.
7
REGISTRATION OF PRIMARY PRODUCERS - 7. Register of primary producers

AI-assisted research summary: Requires cooperatives, producer groups or aggregators and county governments to keep registers of primary producers; county governments must submit details quarterly to the Board; the Board updates the register annually; producers must notify county governments to deregister and deregistered persons must reapply under regulation 6 to resume.

Section 7. Register of primary producers Section 7(1) A dairy cooperative society, a producer group or aggregator shall maintain an updated register of its members who are primary producers. Section 7(2) A county government shall maintain and update, on quarterly basis, a register of all primary producers. Section 7(3) The county government shall submit to the Board details of registered primary producers on quarterly basis, in Form F in the Sixth Schedule. Section 7(4) The Board shall annually update the register kept pursuant to these Regulations. Section 7(5) A primary producer who ceases to operate as a primary producer shall notify the respective county government for deregistration as a producer. Section 7(6) A person who has been deregistered but who wishes to resume operations shall make a fresh application for registration in accordance with the provisions of regulation 6.
8
REGISTRATION OF PRIMARY PRODUCERS - 8. Inspection of register

AI-assisted research summary: Registers must be open for inspection by interested persons for official or legitimate purposes during working hours; interested persons may take notes or photocopy at their own cost; persons (other than county officers) who make notes or photocopies must pay an inspection fee to the county; the county department may correct clerical errors but must not make substantive corrections; inspection is conducted under the Access to Information Act and Data Protection Act.

Section 8. Inspection of register Section 8(1) A register maintained pursuant to this regulation shall be open to inspection by any interested person only for official or legitimate purpose excluding commercial and advising purposes and for that reason the register shall at all times during working hours, be open to inspection in a place accessible to the person seeking to inspect and such person may, at his own cost, take notes there from or photocopy the whole or part of the contents of the register. Section 8(2) Where a person, other than an officer of the county department in their official capacity, makes notes from or photocopies contents of a register as is permitted under sub regulation (1), the person shall pay to the account of the county government such an amount of inspection fee as the county may determine from time to time and the fee charged shall take into account any mutilation, defacement or mishandling, as the case may be, of the register by the person inspecting. Section 8(3) The county department may make corrections of any clerical error apparent on the register, but shall not make corrections of any substantive nature. Section 8(4) A record of all errors corrected under this regulation shall be kept in writing at all times and, Section 8(5) Inspection of register will be conducted in pursuant to the provisions of the Access to Information Act (Cap. 7M) and Data Protection Act (Cap. 411C)
Referenced legislation
- Access to Information Act (Cap. 7M) (unresolved)
- Data Protection Act (Cap. 411C) (unresolved)

Part III

LICENSING OF DAIRY BUSINESS OPERATORS

10
LICENSING OF DAIRY BUSINESS OPERATORS - 10. Licensing fee

AI-assisted research summary: The fees for a dairy business licence are set out in Form F of the Fifth Schedule. A county government may waive part or all of the fee required under this regulation.

Section 10. Licensing fee Section 10(1) The fees payable on an application for a dairy business licence shall be as set out in Form F of the Fifth Schedule. Section 10(2) A county government may waive part of or all the fee required under this regulation.
11
LICENSING OF DAIRY BUSINESS OPERATORS - 11. Condition of issuance of licence

AI-assisted research summary: An application for a dairy business licence will not be considered and a licence will not be issued unless the applicant holds a valid regulatory permit issued under regulation 14.

Section 11. Condition of issuance of licence Section Despite regulation 9 no application for a dairy business licence shall be considered or a licence issued unless the applicant has in force a valid regulatory permit issued under regulation 14.
12
LICENSING OF DAIRY BUSINESS OPERATORS - 12. Imposition of cess

AI-assisted research summary: County governments may impose a cess up to 0.5% of the farm-gate price payable by primary producers; the cess may be collected by the aggregator or the Board and remitted to the county department within twenty days after the month of aggregation. County governments must not impose cess on dairy produce from another county.

Section 12. Imposition of cess Section 12(1) A county government may impose cess not exceeding 0.5 per cent of the farm gate price payable by a primary producer, which may be collected by the aggregator or the Board and remitted to the county department within a period of twenty days after the last day of the month during which the dairy produce in respect of which the cess is payable was aggregated. Section 12(2) A county government shall not impose or charge cess on dairy produce emanating from another county.
13
LICENSING OF DAIRY BUSINESS OPERATORS - 13. Offences

AI-assisted research summary: A person who operates contrary to regulation 11 or fails to pay or remit the cess under regulation 12(1) commits an offence and on conviction may be fined up to ten thousand shillings, imprisoned for up to twelve months, or both.

Section 13. Offences Section A person who operates in contravention to regulation 11 or fails to pay or remit cess under regulation 12(1) commits an offence is liable on conviction to fine not exceeding ten thousand shillings or a term of imprisonment of twelve months or to both such fine and imprisonment.
9
LICENSING OF DAIRY BUSINESS OPERATORS - 9. Dairy business licence

AI-assisted research summary: Section 9. Dairy business licence Section 9(1) A person shall not carry on the business of a dairy business operator unless the person has a valid dairy business licence from the relevant county government. Section 9(2) An application for

Section 9. Dairy business licence Section 9(1) A person shall not carry on the business of a dairy business operator unless the person has a valid dairy business licence from the relevant county government. Section 9(2) An application for a dairy business licence shall be in Form B of the Second Schedule. Section 9(3) The county government shall consider and make a decision on the application and shall communicate to the applicant within 30 days. Section 9(4) A licence shall be valid for 12 months from the date of issue. Section 9(5) Delays in the processing of Dairy Business Permit from the county government will not affect the operations of the dairy provided that the application for a business permit had already been submitted by the dairy business operator. Section 9(6) A person who has submitted an application for a dairy business licence under this Part may continue his operations while awaiting the communication referred to in paragraph (3). Section 9(7) Where the county government rejects an application for a dairy business license, the applicant shall cease their operations as a dairy business operator with effect from the date of receipt of the communication of rejection. Section 9(8) A person who is dissatisfied with the decision of the county government may, within 30 days of the communication of the decision, appeal to the court.

Part IV

REGULATORY PERMIT AND CONSUMER SAFETY LEVY

14
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 14. Regulatory Permit

AI-assisted research summary: People must not operate a dairy business unless they hold a regulatory permit from the Board; dissatisfied persons may appeal to the Cabinet Secretary within 30 days and must pursue legal redress if dissatisfied.

Section 14. Regulatory Permit Section 14(1) A person shall not operate a dairy business unless the person holds a Regulatory permit issued by the Board under these regulations. Section 14(2) An application for a regulatory permit shall be made to the Board in Form C in the Third Schedule and shall be accompanied by the fees specified in Form E in the Fifth Schedule. Section 14(3) A regulatory permit shall be in Form D in the Fourth Schedule. Section 14(4)(a) grant a new Regulatory permit; Section 14(4)(b) renew a Regulatory permit; or Section 14(4)(c) transfer an existing Regulatory permit. Section 14(5) A person who is dissatisfied with the decision of the Board, may, within 30 days of being notified of the decision, appeal to the office of the Cabinet Secretary. If dissatisfied, they shall pursue legal redress.
15
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 15. Prior inspection of premises

AI-assisted research summary: People involved in storing, handling, distributing or selling dairy produce on the relevant premises must have a valid medical certificate.

Section 15. Prior inspection of premises Section any person taking part in the storage, handling, distribution or sale of dairy produce on the premises in respect of which the application is made or to which an existing regulatory permit relates has a valid medical certificate;
16
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 16. Regulatory permit to corporate bodies

AI-assisted research summary: Managers of a corporate applicant are subject to the duties and liabilities imposed on the holder of the regulatory permit; the same applies to any person holding the manager's office after a change.

Section 16. Regulatory permit to corporate bodies Section 16(1) Where the applicant for a regulatory permit is a corporate body, the license shall be issued in the name of the body corporate. Section 16(2) Any person who for the time being is a manager of the body corporate shall be subject to the duties and liabilities imposed upon the holder of the regulatory permit. Section 16(3) No transfer of the regulatory permit shall be necessary where a change occurs in the office of the manager, but any person for the time being holding that office shall be subject to the duties and liabilities imposed upon the holder of the regulatory permit.
17
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 17. Duration of permit

AI-assisted research summary: A holder of a regulatory permit must apply for renewal three months before the permit expires.

Section 17. Duration of permit Section 17(1) A regulatory permit shall be valid for a period of twelve months from the date of issue. Section 17(2) A renewal of the permit under paragraph (1) shall be issued subject to regulation 15. Section 17(3) A holder of a regulatory permit shall apply for a renewal three months prior to the expiry of the regulatory permit.
18
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 18. Types of regulatory permits

AI-assisted research summary: Lists types of regulatory permits, including "Milk bar regulatory permit."

Section 18. Types of regulatory permits Section Milk bar regulatory permit;
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REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 19. Display of regulatory permit

AI-assisted research summary: Regulatory permit holders must conspicuously display the regulatory permit in force on the premises to which it relates.

Section 19. Display of regulatory permit Section 19(1) A regulatory permit holder shall conspicuously display or cause to be displayed the regulatory permit in force on the premises to which it relates. Section 19(2) A regulatory permit holder who fails or neglects to so display the regulatory permit as provided under this regulation commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.
20
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 20. Responsibility of permit holder

AI-assisted research summary: Assignees or agents of a regulatory permit are subject and liable to the same duties, obligations and penalties as the permit holder; acts or omissions by employees in contravention of the Regulations are deemed to be acts or omissions of the employer and proceedings may be taken against both employer and employee.

Section 20. Responsibility of permit holder Section 20(1) Regulatory permit is not transferrable except as provided by clause 19(2) of this regulation. Section 20(2) A regulatory permit assignee or agent shall be subject and liable to the same duties, obligations and penalties under these regulations as if they were the regulatory permit holder: Section 20(3) An act done or omitted to be done by an employee in contravention of any of the provisions of these Regulations shall be deemed also to be the act or omission of the employer and any proceedings for an offence arising out of that act or omission may be taken against both employer and employee.
21
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 21. Purporting to be a regulatory permit holder

AI-assisted research summary: It is an offence for a person who causes or permits displays on premises under their control to display words falsely claiming they are a regulatory permit holder; on conviction they face a fine up to ten thousand shillings or imprisonment up to one year, or both.

Section 21. Purporting to be a regulatory permit holder Section A person who causes or permits a display on his or her premises or on premises under his or her control, any words, letters or sign falsely purporting that he is a regulatory permit holder commits an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year as per the Dairy Industry Act, or both.
Referenced legislation
- Dairy Industry Act (resolved)
22
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 22. Sales contrary to permit

AI-assisted research summary: For a first offence, a person is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.

Section 22. Sales contrary to permit Section for a first offence, to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months, or to both; and
23
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 23. Authentication of a regulatory permit

AI-assisted research summary: Section 23 lists various failures related to regulatory permits and states that a suspension of a regulatory permit shall not exceed 3 months.

Section 23. Authentication of a regulatory permit Section 23(1)(a) has failed to give particulars of any conviction which he is required to give under these regulations; Section 23(1)(b) has conducted in an improper manner the obligations to which an existing regulatory permit relates; Section 23(1)(c) has failed to comply with any condition imposed under an existing regulatory permit. Section 23(1)(d) has in use dairy equipment, material or additive which does not meet the relevant standard; Section 23(1)(e) has failed to provide material facts stated in the application; Section 23(1)(f) is in default in the payment of any sum due to the Board or arising from any contractual arrangements with a producer or agent of a producer; Section 23(1)(g) is deregistered; Section 23(1)(h) has contravened a provision of these Regulations; Section 23(1)(i) has not fulfilled the requirement for grant of a regulatory permit; Section 23(1)(j) has not paid a primary producer for milk delivered. Section 23(2) A suspension of a regulatory permit shall not exceed 3 months.
24
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 24. Powers of the Board

AI-assisted research summary: Holders of regulatory permits are agents of the Board to collect and remit the consumer safety levy; dairy business operators must remit the levy at specified rates; levy payers must remit monthly within ten days after month end, and for imported dairy produce the levy is payable prior to entry.

Section 24. Powers of the Board Section 24(1) A holder of a regulatory permit shall be an agent of the Board for the purpose of collecting and remitting the consumer safety levy. Section 24(2) A dairy business operator shall remit a consumer safety levy on the dairy produce processed or imported at the rate of forty cents per kilogram of milk processed or one per centum of the cost of milk processed or imported, whichever is higher. Section 24(3) A person who is required under these regulations to pay or remit levy to the Board, shall do so on a monthly basis and in each case within a period of ten days after the last day of the month during which the milk or dairy produce in respect of which the levy is payable was processed provided that for imported dairy produce the consumer safety levy shall be payable prior to entry of the produce into the country.
25
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 25. Recovery and Remittance of consumer safety levy

AI-assisted research summary: A penalty of twenty-five percent interest applies for the first month or part of a month in which the levy remains unpaid.

Section 25. Recovery and Remittance of consumer safety levy Section pay a penalty of twenty-five percent interest for the first month or part of a month in which the levy remains unpaid; and
26
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 26. Penalty and interest on unpaid levy

AI-assisted research summary: The interest rates set out in this regulation are monthly interest rates.

Section 26. Penalty and interest on unpaid levy Section The interest rates set out in this regulation are monthly interest rates.
27
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 27. General Penalty

AI-assisted research summary: A person who contravenes any provision of these Regulations for which no penalty is provided commits an offence and, on conviction, may be fined up to ten thousand shillings or imprisoned for up to one year, or both.

Section 27. General Penalty Section A person who contravenes any of the provisions of these Regulations for which a penalty is not provided commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year or both.
28
REGULATORY PERMIT AND CONSUMER SAFETY LEVY - 28. Revocation of LN No. 111 of 2004 Sub Leg

AI-assisted research summary: Revokes The Dairy Industry (Imposition of Cess and Levies) Regulations (LN No. 111 of 2004).

Section 28. Revocation of LN No. 111 of 2004 Sub Leg Section The Dairy Industry (Imposition of Cess and Levies) Regulations are hereby revoked.
Referenced legislation
- Dairy Industry (Imposition of Cess and Levies) Regulations (unresolved)

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