The Crops (Nuts and Oil Crops) Regulations
These Regulations may be cited as the Crops (Nuts and Oil Crops) Regulations.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 164 of 2020
- Version
- Undated source snapshot
- Language
- en
Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Crops (Nuts and Oil Crops) Regulations. This section provides definitions of terms used in these Regulations for the nuts and oil crops subsector. The Regulations apply to the nuts and oil crops listed in the First Schedule. Section 4 states that the purpose of these Regulations is to guide the development, promotion and regulation of scheduled nuts and oil crops for the benefit of growers and other stakeholders, and enumerates specific areas of focus including production, promotion of best practices, registration and licensing, industry agreements, quality and safety standards, statistical data management, levies, and sub-sector regulation. People who intend to commercially aggregate, trade, retail, transport, distribute or warehouse nuts and oil crops must apply to the Authority in Form DI; the Authority must issue a licence in Form D2 upon payment of fees; contravening the regulation is an offence punishable by up to three years imprisonment or a fine not exceeding five million shillings, or both.
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Provisions of The Crops (Nuts and Oil Crops) Regulations
Showing 41 of 41
Part I
PRELIMINARY
- 1
PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Crops (Nuts and Oil Crops) Regulations.
Section 1. Citation Section These Regulations may be cited as the Crops (Nuts and Oil Crops) Regulations. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: This section provides definitions of terms used in these Regulations for the nuts and oil crops subsector.
Section 2. Interpretation Section In these Regulations unless the context otherwise requires— "Act" means the Crops Act (Cap. 318); "agent" means a dealer acting on behalf of a licensed player and can be a marketing agent or clearing agent; "annual crop" means plants that complete their entire life cycle from seed to flower and to seed within a single growing season in this case includes rape seed, groundnuts, sesame, castor bean, sunflower, safflower, linseed, jojoba and any other similar nut and oil crop as may be scheduled; "authorized agent" means a person appointed in writing by the Authority to carry out specific duties and functions in the nuts and oil crops subsector on behalf of the Authority; "Authority" means the Agriculture and Food Authority established by section 3 of the Agriculture and Food Authority Act (Cap. 317); "certificate" means a document issued by the Authority or the County Government for a specified purpose upon fulfilling certain requirements; "collection center" means a designated site that is established for the purposes of storage and marketing of different nuts and oil crops produce and products; "commercial nursery" means an approved site where nuts and oil crops seedlings are raised for sale; "County Government" shall have the meaning assigned to it under Article 176 of the Constitution; "crop inspectors" means persons appointed as inspectors in accordance with section 27 of the Act; "dealer" includes a person engaged in either collecting, transporting, storing, distributing, or buying and selling nuts and oil crops produce, products or by-products and includes marketing agents, exporter, importer and ship chandler. For purposes of these regulations, a commercial nursery operator is also a dealer; "Directorate" means the Directorate established under the Agriculture and Food Authority Act (Cap. 317) for the time being responsible for matters related to scheduled nuts and oil crops; "export" means to move or ship locally (Kenyan) produced nuts and oil crops produce or products to another country; "grower" means any person who cultivates nuts and oil crops in Kenya and may be a small-holder or plantation grower; "grower associations" means any association, common interest group, community-based group, co-operative, union or federation of nuts and oil crops growers or any other legal entity comprised of nuts and oil crops growers; "import" means to bring into Kenya, nuts and oil crops produce or products from another country; "licensee" means a person who holds a license granted under the Crops Act (Cap. 318) or these Regulations; "manufacture" means the processing of all nuts and oil crops produce and products and includes cracking, grading, packaging, labelling and distribution of nuts and oils crops products for sale; and does not include de-husking and drying; "manufacturer" means a processing facility that transforms nuts and oil crops produce or products into various end use products; "mother block" means an area set aside with selected plants for the purpose of obtaining clean planting, grafting and budding material; "mother plant" means a tree that has been identified and approved by the relevant authority as a source of planting, grafting or budding material; "nuts and oil crops" means any of the crops listed under the First Schedule and includes such other crops that the Cabinet Secretary may on the advice of the Authority, gazette to be a scheduled crop under section 7 of the Crops Act (Cap. 318); "perennial crop" means plants that persist for many growing seasons and in this case includes macadamia, cashew, coconut, oil palm, and any other nuts and oil crop that may be scheduled from time to time; "person" includes an individual, company, firm, co-operative society, association or a corporation; "plantation grower" means a grower with fifty acres or more for perennial crops or ten acres or more for annual crops; "raw macadamia nut" means unprocessed produce still in shell, whether wet or dry; "raw cashew nut" means unprocessed produce still in shell; "record" means a written or electronic data or information relating to a process or procedure; "rootstock" means the part of a plant which forms the root system of the plant, and into which a scion cultivar is grafted or budded; "scion" means a detached shoot or bud used in vegetative propagation in the process of grafting or budding; "ship chandler" means a person registered and authorized by the Authority to supply nuts and oil crops produce and products to a ship or an aircraft; "single window system" means a platform hosted by a government agency responsible for trade facilitation for clearing exports and imports electronically; "small-holder grower" means a grower with less than 50 acres under perennials or less than 10 acres under annuals for nuts or oil crop; "stakeholder" means any person involved directly or indirectly in the nuts and oil crops industry; and "traceability" means ability to track nuts and oil crops produce and products from production to the final consumer and vice versa.Referenced legislation
- Agriculture and Food Authority Act (Cap. 317); (unresolved)
- Crops Act (Cap. 318); (unresolved)
- Agriculture and Food Authority Act (Cap. 317) (unresolved)
- Crops Act (Cap. 318) (unresolved)
- 3
PRELIMINARY - 3. Application
AI-assisted research summary: The Regulations apply to the nuts and oil crops listed in the First Schedule.
Section 3. Application Section These Regulations shall apply to the nuts and oil crops set out in the First Schedule. - 4
PRELIMINARY - 4. Purpose of Regulations
AI-assisted research summary: Section 4 states that the purpose of these Regulations is to guide the development, promotion and regulation of scheduled nuts and oil crops for the benefit of growers and other stakeholders, and enumerates specific areas of focus including production, promotion of best practices, registration and licensing, industry agreements, quality and safety standards, statistical data management, levies, and sub-sector regulation.
Section 4. Purpose of Regulations Section 4(1) The purpose of these Regulations is to guide the development, promotion, and regulation of scheduled nuts and oil crops for the benefit of the growers and other stakeholders in the nuts and oil crops industry. Section 4(2)(a) the production, harvesting, processing and marketing of nuts and oil crops; Section 4(2)(b) promotion of best practices in the sub sector; Section 4(2)(c) registration and licensing of all players along the value chain; Section 4(2)(d) the recommendation of general industry agreements or contracts; Section 4(2)(e) the development and enforcement of quality and safety standards for compliance; Section 4(2)(f) the collection, collation, maintenance and management of statistical data related to the sub sector; Section 4(2)(g) the imposition and administration of levies; and Section 4(2)(h) regulation of the sub sector.
Part II
REGISTRATION AND LICENSING
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REGISTRATION AND LICENSING - 10. Registration and licensing of traders, retailers, transporters, marketing agents, warehousemen and distributors
AI-assisted research summary: People who intend to commercially aggregate, trade, retail, transport, distribute or warehouse nuts and oil crops must apply to the Authority in Form DI; the Authority must issue a licence in Form D2 upon payment of fees; contravening the regulation is an offence punishable by up to three years imprisonment or a fine not exceeding five million shillings, or both.
Section 10. Registration and licensing of traders, retailers, transporters, marketing agents, warehousemen and distributors Section 10(1) A person who intends to aggregate, trade, retail, transport, distribute or warehouse nuts and oil crops produce and products for commercial purposes shall make an application for registration and licensing to the Authority in Form DI as set out in the Second Schedule. Section 10(2) The Authority shall issue a licence to a successful applicant under sub regulation (1) in Form D2 set out in the Second Schedule upon payment of fees set out in the Third Schedule. Section 10(3) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction, to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings, or to both. - 11
REGISTRATION AND LICENSING - 11. Registration and licensing of importers and exporters
AI-assisted research summary: People intending to import or export nuts and oil crops must apply for registration and licensing; the Authority must issue a licence within fourteen days upon payment of the fee; contravention is an offence punishable by up to three years' imprisonment or a fine up to five million shillings, or both.
Section 11. Registration and licensing of importers and exporters Section 11(1) A person who intends to import or export nuts and oil crops produce or products shall make an application for registration and licensing to the Authority in Form E1 as set out in the Second Schedule and meet the requirements set out in Part C of the Fourth Schedule. Section 11(2) The Authority shall, within fourteen days of the application, issue a successful applicant with a licence in Form E2 set out in the Second Schedule and upon payment of the fee set out in Third Schedule. Section 11(3) A person who contravenes the provisions of this regulation commits an offence and shall upon conviction, be liable to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings, or to both. - 12
REGISTRATION AND LICENSING - 12. Application for approval to establish a manufacturing facility
AI-assisted research summary: Persons intending to establish a new manufacturing facility must apply to the Authority using Form F1; the Authority must verify within thirty days and, if requirements in Form F2 are met, issue a letter of interim authority.
Section 12. Application for approval to establish a manufacturing facility Section 12(1) A person who intends to establish a new manufacturing facility shall, before establishing the manufacturing facility, apply for approval from the Authority using the application form set out in Form F1 in the Second Schedule. Section 12(2) The Authority shall within thirty days of the application, verify that the applicant under sub regulation (1) has fulfilled all the requirements set out in Form F2 of the Second Schedule before issuing the applicant with a letter of interim authority. Section 12(3) Upon completion of the facility, the applicant shall make a written application for inspection of the facility to the Authority and pay the inspection fee set out in Third Schedule. Section 12(4) Upon receipt of the letter under sub regulation (3) the Authority shall conduct an inspection of the facility and issue the applicant with a letter indicating the outcome of inspection within thirty days of the inspection. Section 12(5) The letter of interim authority issued under sub regulation (2) shall be valid for a period two years and shall be renewable once for a period of one year where the construction of the facility is not completed within the first two years. - 13
REGISTRATION AND LICENSING - 13. Issuing of Manufacturing Licence
AI-assisted research summary: Applicants intending to manufacture nuts and oil crops must apply in Form G1; the Authority must decide and notify within thirty days, must publish a proposed grant at least thirty days before granting, and must issue a licence (Form G2) after expiry of the notice if no objections and on payment of the fee; an aggrieved party may appeal to the Cabinet Secretary if an objection is raised.
Section 13. Issuing of Manufacturing Licence Section 13(1) A person who intends to manufacture nuts and oil crops produce or products shall make an application for a licence to the Authority in Form G1 as set out in the Second Schedule. Section 13(2) The Authority shall consider the application under paragraph (1) and notify the applicant of the decision on grant within thirty days. Section 13(3) The Authority shall, at least thirty days before granting a licence under these Regulations, give notice of the proposed grant in the Gazette . Section 13(4) Upon the expiry of the notice issued under sub regulation (3), and where no objections have been raised, the Authority shall issue a licence to a successful applicant in Form G2 set out in the Second Schedule upon payment of the fee set out in the Third Schedule. Section 13(5) Where, upon the publication of the notice under sub regulation (3) an objection is raised, the aggrieved party may appeal to the Cabinet Secretary in the manner set out in regulation 18. - 14
REGISTRATION AND LICENSING - 14. Renewal of Licences
AI-assisted research summary: The Authority must renew a licence within 15 days after the expiry if the applicant meets renewal requirements and pays the renewal fee; licences expire on 30th June following issue unless stated otherwise or cancelled; renewal applications must be made to the Authority not later than the first day of June in which the licence is due to expire.
Section 14. Renewal of Licences Section 14(1) Every licence granted under these Regulations shall expire on 30th of June following the date of issue unless otherwise stated or earlier cancelled. Section 14(2) Applications for renewal shall be made to the Authority not later than the first day of the month of June in which the current license is due to expire. Section 14(3) Where the applicant fulfils all the requirements necessary for the renewal of the licence and pays the renewal fee set out in Third Schedule, the Authority shall renew the licence within fifteen days after the expiry of the current licence. - 15
REGISTRATION AND LICENSING - 15. Additional information
AI-assisted research summary: The Authority or the county government may require an applicant to provide additional information for registration, a licence application, or renewal.
Section 15. Additional information Section The Authority or the county government as the case may be, may require an applicant to supply such additional information as it may consider necessary in relation to the application for registration, licence or renewal of a licence or registration. - 16
REGISTRATION AND LICENSING - 16. Decision on registration, licensing and renewal
AI-assisted research summary: Sets decision timelines for registration and licensing applications and requires publication of successful new licences.
Section 16. Decision on registration, licensing and renewal Section 16(1) The Authority or the county government as the case may be shall, when considering an application for new registration or renewal of registration, make a decision within fifteen days of the application. Section 16(2) The Authority shall, when considering an application for a new licence under these Regulations, make a decision within thirty days upon receipt of a complete application and shall forward the details of successful applicants for publication in the Gazette for thirty days. Section 16(3) The Authority shall, when considering an application for renewal of a licence under these Regulations, make a decision within thirty days upon receipt of an application Section 16(4) In case of an unsuccessful application, the Authority shall review re-submitted application for consideration upon fulfilling the set requirements. - 17
REGISTRATION AND LICENSING - 17. Licensing fee.
AI-assisted research summary: Every dealer and manufacturer must pay the licensing fee set out in the Third Schedule.
Section 17. Licensing fee. Section Every dealer and manufacturer shall pay the licensing fee set out in the Third Schedule. - 18
REGISTRATION AND LICENSING - 18. Revocation, suspension or varying of a licence
AI-assisted research summary: Licences may be revoked, suspended or varied for non-compliance or committing an offence; an aggrieved applicant may appeal to the Cabinet Secretary in writing within 30 days, and the Cabinet Secretary must respond in writing within 45 days.
Section 18. Revocation, suspension or varying of a licence Section 18(1)(a) fails to comply with these Regulations or the conditions set out in the licence; or Section 18(1)(b) commits an offence under the Act, these Regulations or any other written law in respect of the activity for which they have been licensed. Section 18(2) An applicant for a licence who is aggrieved by the decision of the Authority in respect of the grant, refusal, renewal, variation or revocation or the conditions imposed on the licence may appeal to the Cabinet Secretary for a review of the decision of the Authority in accordance with section 25 of the Act. Section 18(3) The appeal 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 18(4) The Cabinet Secretary shall consider the appeal and give a written feedback to the affected party within forty five days of receipt of the appeal. - 19
REGISTRATION AND LICENSING - 19. Certificate of registration, license or permit not transferable
AI-assisted research summary: A certificate of registration, licence or permit issued under these Regulations shall not be transferrable to any other entity and applies only to the parcel of land, nursery or premise to which it was issued.
Section 19. Certificate of registration, license or permit not transferable Section A certificate of registration, licence or permit issued under these Regulations shall not be transferrable to any other entity and shall only be applicable to the parcel of land, nursery or premise to which it has been issued. - 5
REGISTRATION AND LICENSING - 5. Registration of small-holder growers and grower associations
AI-assisted research summary: Allows small-holder growers to register with specified groups; sets application, registration, and register-keeping obligations for associations, County Governments, and the Authority.
Section 5. Registration of small-holder growers and grower associations Section 5(1) A small-holder grower may, for purposes of accessing economies of scale, register with an association, common interest groups, community based organizations and co-operatives registered by the respective County Government under these Regulations. Section 5(2) A small-holder grower association cultivating nuts and oil crops shall apply to the respective County Government for registration in Form A1 as set out in the Second Schedule. Section 5(3) The respective County Government shall issue a certificate of registration to small-holder grower associations in Form A2 as set out in the Second Schedule. Section 5(4) All small-holder grower associations cultivating nuts and oil crops shall maintain a register of their members in the manner set out in Form A3 of the Second Schedule. Section 5(5) The Authority shall, in consultation with the respective county government, using the information obtained from a duly filled Form A3 of the Second Schedule, maintain a register of all smallholder growers associations in the manner set out in Form A4 of the Second Schedule. - 6
REGISTRATION AND LICENSING - 6. Registration of plantation growers
AI-assisted research summary: Growers of nuts and oil crops may apply to the Authority for registration using Form B1; the Authority must issue a Certificate of Registration in Form B2 to registered plantation growers.
Section 6. Registration of plantation growers Section 6(1) A nuts and oil crops plantation grower may apply to the Authority for registration as set out in Form B1 of the Second Schedule. Section 6(2) The Authority shall issue a Certificate of Registration to a registered plantation grower in Form B2 as set out in the Second Schedule. - 7
REGISTRATION AND LICENSING - 7. Commercial Nursery registration and licensing.
AI-assisted research summary: People who intend to establish or operate a commercial nursery must register with the Authority and apply for a licence in Form C1.
Section 7. Commercial Nursery registration and licensing. Section 7(1) A person who intends to establish or operate a commercial nursery in any area shall register with the Authority and apply for a licence in Form C1 set out in the Second Schedule. Section 7(2) A person who contravenes the provisions of this regulation commits an offence. - 8
REGISTRATION AND LICENSING - 8. Issuance of commercial nursery license.
AI-assisted research summary: The Authority must issue a commercial nursery licence in Form C2 within thirty days upon payment of the fee; before issuing it must ensure the applicant meets the Part A Fourth Schedule requirements; unsuccessful applicants must be notified in writing within seven days; an applicant may re‑apply after fulfilling requirements; contravening the regulation is an offence.
Section 8. Issuance of commercial nursery license. Section 8(1) The Authority shall issue a licence to a successful applicant in Form C2 set out in the Second Schedule within thirty days, upon payment of fee set out in Third Schedule. Section 8(2) The Authority shall, before issuing the licence under sub regulation (1), satisfy itself that the applicant has met all the requirements as set out in the Part A of the Fourth Schedule. Section 8(3) An unsuccessful applicant shall be notified in writing within seven days of the decision, of the reasons for the rejection of the application. Section 8(4) The applicant under sub regulation (2) may re-apply for registration upon fulfilment of all the necessary requirements. Section 8(5) A person who contravenes the provisions of this regulation commits an offence. - 9
REGISTRATION AND LICENSING - 9. Mother plants/ mother block registration
AI-assisted research summary: Persons establishing nuts and oil crops mother plants/blocks must register them; national plant protection agencies must share registrant details with the Authority and County Government; nursery operators must source planting material only from registered mother plants/blocks.
Section 9. Mother plants/ mother block registration Section 9(1) A persons who intends to establish a nuts and oil crops mother plant and mother block for use as source of clean planting materials or scions for grafting or budding shall register the mother plant/mother block with government agencies responsible for national plant protection matters. Section 9(2) The national plant protection agencies shall share the details of persons registered under sub regulation (1) with the Authority and with the respective County Government. Section 9(3) A nursery operator shall only source their planting materials from mother plant /mother blocks registered under these Regulations.
Part III
PRODUCTION, PROCESSING AND MARKETING PROVISIONS
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PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 20. Approved seed or planting material source
AI-assisted research summary: People growing nuts and oil crops must obtain seeds, planting materials, or seedlings from government-approved sources responsible for inspection and certification.
Section 20. Approved seed or planting material source Section 20(1) A person growing nuts and oil crops shall procure seeds or planting materials or seedlings from sources approved by the government agencies responsible for inspection and certification of seeds and planting materials or seedlings. Section 20(2) A person who contravenes the provisions of this regulation commits an offence. - 21
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 21. Mother plants/ mother block and nursery establishment.
AI-assisted research summary: Mother plants, mother blocks and nurseries must be established in accordance with guidelines issued in consultation with the respective County Government.
Section 21. Mother plants/ mother block and nursery establishment. Section 21(1) A mother plant and mother block for use as source of clean planting material shall be established in accordance with the guidelines issued by the relevant government agencies in consultation with the respective County Government from time to time. Section 21(2) A nursery shall be established in accordance with any guidelines issued by the Authority in consultation with the respective County Government from time to time. Section 21(3) A person who contravenes the provisions of this regulation commits an offence. - 22
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 22. Contracts between grower or dealer or manufacturer.
AI-assisted research summary: Growers, dealers or manufacturers must sign and register contracts with the respective County Government; they must notify the Authority and relevant County Government of any contract breach within thirty days; contravening these provisions is an offence.
Section 22. Contracts between grower or dealer or manufacturer. Section 22(1)(a) sign a contract with the grower and register the contract with the respective County Government as set out in Part B of the Fifth Schedule; Section 22(1)(b) notify the Authority and the relevant County Government of any breach to the contract within thirty days of the breach for purposes of initiating an arbitration process. Section 22(2) A person who contravenes the provisions of these regulation commits an offence. - 23
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 23. Production and processing
AI-assisted research summary: Growers and dealers must harvest, sort, grade, pack, transport and store or warehouse nuts and oil crops when physiologically mature; nuts and oil crops must meet guidelines and applicable standards; county governments may set maturity indicators; storage and processing premises must comply with these Regulations and food safety and quality standards; a dealer who contravenes commits an offence.
Section 23. Production and processing Section 23(1) Nuts and oil crops produce and products shall be produced, harvested, sorted, graded, packaged, transported and stored or warehoused in accordance with the guidelines set out in Part C of the Fifth Schedule and the applicable national, regional and international standards. Section 23(2) Every grower and dealer shall harvest, sort, grade, pack, transport and store or warehouse nuts and oil crops when the produce is physiologically mature for the intended use. Section 23(3)(a) in the case of macadamia and cashew nut, fruit left to fall to the ground before being collected; Section 23(3)(b) in the case of macadamia, float test; Section 23(3)(c) in the case of macadamia and peanut, a chocolate brown inner side of husk or pod; Section 23(3)(d) in the case of peanut, a mature pod that is hard to split; Section 23(3)(e) in the case of sunflower, the flower head should turn light yellow or brown and the seeds shall be dry and protruding from flower head; Section 23(3)(f) in the case of sesame, the plant and capsule shall be dry and the seed to have at least six percent moisture content. Section 23(4) Notwithstanding the provisions of sub-regulation (3), the county government in consultation with relevant stakeholders may from time to time identify and enforce the maturity indicators applicable to the crops grown. Section 23(5) All premises for storage and processing of nuts and oil crops produce and products shall comply with the provisions of these Regulations and the national, regional and international food safety and quality standards where applicable. Section 23(6) A dealer who contravenes the provisions of this regulation commits an offence. - 24
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 24. Traceability of produce and products.
AI-assisted research summary: The Authority may run a traceability system and keep records for at least two years; manufacturers and dealers must keep records about who they buy from and sell to and specified production and post-harvest details to feed into that system; contravening this regulation is an offence.
Section 24. Traceability of produce and products. Section 24(1) The Authority may develop, implement and maintain a detailed traceability system to track and trace the history and location at all stages of production, processing and distribution of the nuts and oil crops produce and products and keep the records for at least two years Section 24(2) Every manufacturer or dealer shall develop and maintain records of who they buy from and who they sell to for the purpose of feeding into the traceability system of the Authority. Section 24(3)(a) source of planting material; Section 24(3)(b) planting date; Section 24(3)(c) application rates and date of farm inputs use; Section 24(3)(d) farm operations type and date done; Section 24(3)(e) harvesting dates and quantities; and Section 24(3)(f) post-harvest management records. Section 24(4) A person who contravenes the provision of this regulation commits an offence. - 25
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 25. Bi-annual verification of traceability
AI-assisted research summary: The Authority must conduct a bi-annual verification of the traceability of produce and products along the value chain.
Section 25. Bi-annual verification of traceability Section The Authority shall conduct a bi-annual routine verification of the traceability of produce and products along the value chain. - 26
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 26. Manufacturing and being in possession of scheduled nuts and oil crops
AI-assisted research summary: Persons must not manufacture or possess scheduled nuts and oil crop products for sale without a licence; contravention is an offence punishable by a fine not exceeding ten million shillings, or imprisonment not exceeding five years, or both.
Section 26. Manufacturing and being in possession of scheduled nuts and oil crops Section 26(1) A person shall not manufacture or be in possession of a scheduled nuts and oil crop product for sale without a licence issued in accordance with these Regulations. Section 26(2) A person who manufactures or is in possession of a scheduled nuts and oil crops produce or product in contravention to the provisions of these Regulations commits an offence and shall be liable, upon conviction, to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding five years, or both. - 27
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 27. Buying and selling of nuts and oil crops produce
AI-assisted research summary: For traceability, buying and selling of nuts and oil crops produce and products from small-holder farmers for commercial purposes may be done in collection centers; nuts and oil crops produce and products from plantation growers may be sold directly to the market if a clear and verifiable traceability system is used.
Section 27. Buying and selling of nuts and oil crops produce Section 27(1) For purposes of traceability, the buying and selling of nuts and oil crops produce and products from small-holder farmers for commercial purposes, may be done in collection centers. Section 27(2) Nuts and oil crops produce and products from plantation growers may be sold directly to the market as long as clear and verifiable traceability system is used. - 28
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 28. Collection centers
AI-assisted research summary: The Authority must, in consultation with the respective County Government, use the guidelines in Part A of the Fifth Schedule for establishing and using collection centers. Collection centers may be owned or managed by county governments, growers' associations, dealers or the manufacturers.
Section 28. Collection centers Section 28(1) The Authority shall, in consultation with the respective County Government use guidelines as set out in Part A of the Fifth Schedule for the establishment and uses of collection centers. Section 28(2) The collection centers may be owned or managed by county governments, growers' associations, dealers or the manufacturers. Section 28(3) The guidelines under sub regulation (1) may be reviewed from time to time as and when necessary. - 29
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 29. Importation and exportation of nuts and oil crops produce and products
AI-assisted research summary: Licensed importers or exporters must apply electronically through the single window system for an export or import permit for each consignment; the Authority must approve release and may verify consignments and detain or seize noncompliant consignments at specified costs.
Section 29. Importation and exportation of nuts and oil crops produce and products Section 29(1) All nuts and oil crops produce and products shall be imported or exported through a customs port of entry or exit. Section 29(2) A licensed importer or exporter of nuts and oil crops produce and products shall apply for an export or import permit electronically through single window system for each consignment of imported or exported nuts and oil crops produce or products. Section 29(3) Each consignment of nuts and oil crops produce or products for import or export shall be declared at the port of entry or exit and may be physically verified by the Authority or its authorized agent. Section 29(4)(a) original copies of importation or exportation documentations; Section 29(4)(b) evidence of payment of duties and levies. Section 29(5) Upon satisfying the conditions for import or export of nuts and oil crops produce and products under these Regulations, the Authority shall approve for release of the consignment to the consignee. Section 29(6) The Authority shall, in collaboration with other government agencies detain, at the cost of the consignee, any consignment that is not accompanied by the documents required under paragraph (5) until the requisite documentation is availed for verification. Section 29(7) A consignment whether repacked or in the original package shall bear, in bold print, the name and contact details of the consignor, consignee and the country of origin. Section 29(8) The Authority shall together with other government agencies, at the cost of the owner, seize, or remove in an appropriate manner, any consignment of nuts and oil crops produce and products that does not conform to the quality standards set by the Authority. - 30
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 30. Field and Manufacturing facility Inspection
AI-assisted research summary: Section 30 permits specified authorities to inspect nuts and oil crops in the field and requires the Authority to inspect newly established and existing manufacturing facilities (first inspection and quarterly inspections) upon payment of fees set out in the Third schedule to ensure conformity with applicable food safety and manufacturing standards.
Section 30. Field and Manufacturing facility Inspection Section 30(1) The Authority and county government together with other government agencies responsible for ensuring quality produce and products may conduct field inspection of nuts and oil crops grown to ascertain quality control during production. Section 30(2) The Authority shall conduct the first inspection of newly established manufacturing facility upon payment of fee as set out in Third schedule, to ensure compliance with national, regional and international standards on food safety and good manufacturing practices. Section 30(3) The Authority shall conduct quarterly inspections, upon payment of fees as set out in Third schedule, on existing manufacturing plants to ensure conformity to standards. - 31
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 31. Crop inspectors appointment
AI-assisted research summary: The Authority must inspect agricultural farms, facilities, storage and transport for scheduled nuts and oil crops and must gazette inspectors; it may conduct farm inspections jointly with county agriculture committee members; inspectors must meet the qualifications listed in section 31(4).
Section 31. Crop inspectors appointment Section 31(1) The Authority shall conduct inspection of farms, nurseries, manufacturing facilities, stores and warehouses and transport vehicle for all scheduled nuts and oil crops produce and products to ascertain compliance with the requirements of the Act, these Regulations and other relevant regional and international standards. Section 31(2) For farm inspection the Authority may jointly conduct inspections in consultation with the County Executive Committee Members responsible for matters agriculture. Section 31(3) The Authority shall gazette inspectors upon their appointment. Section 31(4)(a) be a Kenyan citizen; Section 31(4)(b) satisfy the requirements of Chapter Six of the Constitution; Section 31(4)(c) be a holder of diploma in agriculture or related agricultural field from a recognized institution and a minimum of two years of relevant experience; or Section 31(4)(d) be a bachelor's degree holder in agriculture or agriculture- related field from a recognized university; and Section 31(4)(e) have basic training in any relevant course on crop inspection. - 32
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 32. Functions of crop inspectors
AI-assisted research summary: Crop inspectors conduct inspections and compliance audits of growers, dealers and manufacturers.
Section 32. Functions of crop inspectors Section conduct inspection and compliance audit to growers, dealers and manufacturers from time to time to ensure compliance to these Regulations; - 33
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 33. Entry inspection and obstruction of crop inspectors.
AI-assisted research summary: Crop inspectors must be guided by the provisions of sections 28, 29 and 30 when exercising entry and inspection powers.
Section 33. Entry inspection and obstruction of crop inspectors. Section In the exercise of the powers of entry and inspection, crop inspectors shall be guided by the provision of sections 28, 29 and 30 of the Act. - 34
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 34. Compliance with quality standards.
AI-assisted research summary: All nuts and oil crops, produce or products offered for sale must comply with relevant national, regional and international standards and, where applicable, food safety, hygiene and phytosanitary requirements.
Section 34. Compliance with quality standards. Section All nuts and oil crops produce or products offered for sale shall comply with relevant national, regional and international standards and where applicable food safety and hygiene requirements and phytosanitary requirements. - 35
PRODUCTION, PROCESSING AND MARKETING PROVISIONS - 35. Sampling and testing of produce and products
AI-assisted research summary: The Authority (with other government agencies) must sample, test and analyze nuts and oil crop produce and products; issue annual standards conformity certificates; seize or remove non-conforming items at owner’s cost; and immediately liaise for disposal or destruction.
Section 35. Sampling and testing of produce and products Section 35(1) The Authority in collaboration with other government agencies shall randomly sample, test and analyze different nuts and oil crops produce and products in collection centers, warehouses, markets and manufacturing facilities to ensure conformity to food safety and quality standards as provided for in national, regional, international and any other relevant laws. Section 35(2) The Authority shall issue an annual standards conformity certificate to a buyer, warehouseman, transporter, importer and exporter. Section 35(3) The Authority shall seize or remove at the cost of the owner any produce or product that does not conform to food safety, quality and any other requirement in the Regulations. Section 35(4) The Authority shall immediately liaise with other relevant government agencies for disposal or destruction of the seized or removed product or produce.
Part IV
GENERAL PROVISIONS
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GENERAL PROVISIONS - 36. Dispute Resolution procedure
AI-assisted research summary: Parties may agree to arbitrate disputes between growers and crop dealers; aggrieved parties (or their advocates) may notify and present disputes to a mutually agreed arbitrator; aggrieved parties may agree procedure; if no agreement on procedure the arbitrator may conduct the arbitration as they consider appropriate.
Section 36. Dispute Resolution procedure Section 36(1) An agreement to refer a dispute between a grower and a crop dealer for arbitration under this regulation may be in the form of an arbitration clause in a contract or in the form of a separate agreement. Section 36(2) A dispute arising between a grower and other crop dealers may be notified in writing and presented by the aggrieved party or their advocate to an arbitrator that has been mutually agreed between the parties and shall have attached thereto copies of the relevant documents relating to the dispute. Section 36(3) The aggrieved parties are free to agree on the procedure to be followed by the arbitrator in the conduct of the proceedings. Section 36(4) Failing an agreement under sub-regulation (3), the arbitrator may conduct the arbitration in the manner they 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. - 37
GENERAL PROVISIONS - 37. Validity of licenses and certificates of registration
AI-assisted research summary: All licenses and annually renewed certificates of registration issued under these regulations remain in force until the thirtieth of June next following the date of issue, unless cancelled earlier.
Section 37. Validity of licenses and certificates of registration Section All licenses and annually renewed certificates of registration issued under these regulations shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. - 38
GENERAL PROVISIONS - 38. Fees and levies
AI-assisted research summary: The Cabinet Secretary may charge inspection and licensing fees and impose import/export levies; neither the Authority nor county governments may charge registration fees.
Section 38. Fees and levies Section 38(1) The Cabinet Secretary may charge fees for inspections and licenses for the dealers and manufacturers and impose levies on imports and exports as set out in the Third Schedule. Section 38(2) Neither the Authority nor the county governments shall charge any registration fee. - 39
GENERAL PROVISIONS - 39. Submission of returns
AI-assisted research summary: Various actors involved in growing, dealing, importing or exporting nuts and oil crops must submit specified returns (annual or quarterly) to either the respective county government or the Authority by the stated deadlines and in the designated forms.
Section 39. Submission of returns Section 39(1) Any person who registers small holder growers shall submit annual returns to the respective county government in Form H1 as set out in the Second Schedule by 30th of January every year. Section 39(2) A plantation grower of nuts and oil crops produce and product shall submit annual returns to the Authority in Form H1 as set out in the Second Schedule by 30th of January every year. Section 39(3) Every registered nursery operator shall not later than the fifteen day of the first month of every quarter of a financial year complete and submit to the respective county government, statistical returns in Form H2 as set out in the Second Schedule. Section 39(4) Every dealer and manufacturer of nuts and oil crops produce and product shall fill quarterly returns to the respective county government in Form H3 as set out in the Second Schedule not later than the tenth day of the first month after the end of the quarter. Section 39(5) An importer or exporter of nuts and oil crops produce and products shall submit annual returns of the imports or exports transactions to the Authority in Form H3 as set out in the Second Schedule. - 40
GENERAL PROVISIONS - 40. General penalty
AI-assisted research summary: A person who commits an offence under these Regulations for which no penalty is provided is liable on conviction to a fine up to five hundred thousand shillings, or imprisonment up to one year, or both.
Section 40. General penalty Section A person who commits an offence under these Regulations, for which no penalty is provided, shall be liable upon conviction, to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both in accordance with section 37 of the Act. - 41
GENERAL PROVISIONS - 41. Transition
AI-assisted research summary: Existing licences for nuts and oil crops remain valid until they expire, and subsequent licences will be issued under these Regulations.
Section 41. Transition Section All licenses in respect of nuts and oil crops existing before the coming into operation of these Regulations shall remain valid until their expiry, and subsequent licenses shall be issued under these Regulations.
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The Crops (Nuts and Oil Crops) Regulations
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