The Crops (Miraa) Regulations, 2023

These Regulations may be cited as the Crops (Miraa) Regulations, 2023.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 41 of 2023
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 (Miraa) Regulations, 2023. Provides definitions of terms used in these Regulations (Interpretation). Facilitate the growth and development of the miraa industry. People may not operate as miraa vendors unless they are registered by the Authority; the Authority must issue a registration certificate if satisfied the applicant provided the required information. Persons must not operate as miraa vendors without a county government licence; applicants must apply in Form Mr18 and county governments must verify Authority registration before issuing licences. County governments must reject incomplete or non-compliant applications within seven days and may be resubmitted once reasons are addressed. Counties must annually share licensed vendors with the Authority. Vendors must sell only at designated points and not to persons under eighteen; contravening paragraph (1), (7) or (9) is an offence.

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Legal text

Provisions of The Crops (Miraa) Regulations, 2023

Showing 34 of 34

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Crops (Miraa) Regulations, 2023.

Section 1. Citation Section These Regulations may be cited as the Crops (Miraa) Regulations, 2023.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Provides definitions of terms used in these Regulations (Interpretation).

Section 2. Interpretation Section In these Regulations unless the context otherwise requires— "Act" means the Crops Act ( Cap. 318 ); "aggregator" means a person who buys, collects and bulks miraa and miraa products for purposes of collective marketing; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act ( Cap. 317 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "Code of practice" means the Miraa (khat) Industry - Code of Practice - KNWA 2940: 2021 as provided in the Standards Act ( Cap. 496 ); "commercial nursery operator" means a person who propagates miraa planting material for sale; "commercial transporter" means a person who transports miraa at a fee; "Committee" means the Miraa Pricing Formula Committee established under regulation 29; "county government" has the meaning assigned to it under Article 176 of the Constitution; "crop inspector" means an inspector appointed under section 27 of the Act; "dealer" includes an aggregator, commercial transporter, vendor, holding facility owner, exporter or importer of miraa; "designated point" means an area set aside for the sale of miraa by the respective county government; "Directorate" means the directorate of the Authority established under section 11 of the Agriculture and Food Authority Act ( Cap. 317 ) to deal with matters relating to miraa; "exporter" means a person licensed by the Authority to export miraa or miraa products; "export consignment" means the quantity of miraa that an exporter intends to export as declared by the applicant of an export permit; "field holding facility" means an area designated for the bulking, handling, storage, stock control and packaging of miraa; "financial year" means the period from the first July in any year to the thirtieth June in the immediately succeeding year, both days inclusive; "grower" means a person who cultivates miraa and includes a person who enters into an agreement with the owner of the farm to harvest miraa at a consideration; "grower association" means a group of miraa growers who come together for purposes of marketing their produce under a common quality management system and are registered by the Authority; "importer" means a person licensed by the Authority to import miraa or miraa products; "import consignment" means the quantity of miraa that an importer seeks to import as declared by the applicant of an import permit; "miraa" means the plant or part of the plant of Cathus genus known botanically as Catha edulis specified in the first schedule to the Act or of any inter-specific hybrid involving this species or of any progeny of such hybrid and includes the variety locally referred to as muguka; "miraa product" means any part of the miraa plant, whether whole or broken, including its leaf, bud or twig that has been dried; "potable water" means water which meets the quality standards of drinking water as specified in Kenya standards; "traceability" means the ability to trace a miraa from any given point in the value chain back through all stages to its origin; and "vendor" means a person who sells miraa at a designated point for consumption.
Referenced legislation
- Crops Act ( Cap. 318 ); (unresolved)
- Agriculture and Food Authority Act ( Cap. 317 ); (unresolved)
- Miraa (khat) Industry - Code of Practice - KNWA 2940: 2021 as provided in the Standards Act ( Cap. 496 ); (unresolved)
- Agriculture and Food Authority Act ( Cap. 317 ) (unresolved)
3
PRELIMINARY - 3. Objects of the Regulations

AI-assisted research summary: Facilitate the growth and development of the miraa industry.

Section 3. Objects of the Regulations Section facilitate the growth and development of the miraa industry;

Part II

REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS

10
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 10. Registration of Miraa Vendors

AI-assisted research summary: People may not operate as miraa vendors unless they are registered by the Authority; the Authority must issue a registration certificate if satisfied the applicant provided the required information.

Section 10. Registration of Miraa Vendors Section 10(1) A person shall not carry on business as a miraa vendor unless the person is registered by the Authority. Section 10(2)(a) a copy of National identity card or Certificate of incorporation; Section 10(2)(b) KRA PIN; Section 10(2)(c) physical address; and Section 10(2)(d) telephone number. Section 10(3) The Authority shall, if satisfied that the applicant has provided the information required in paragraph (2) issue a registration certificate in Form Mr17 set out in the First Schedule. Section 10(4) A person who contravenes paragraph (1) commits an offence.
11
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 11. Licensing of miraa vendors

AI-assisted research summary: Persons must not operate as miraa vendors without a county government licence; applicants must apply in Form Mr18 and county governments must verify Authority registration before issuing licences. County governments must reject incomplete or non-compliant applications within seven days and may be resubmitted once reasons are addressed. Counties must annually share licensed vendors with the Authority. Vendors must sell only at designated points and not to persons under eighteen; contravening paragraph (1), (7) or (9) is an offence.

Section 11. Licensing of miraa vendors Section 11(1) A person shall not carry out business as a miraa vendor without a licence issued by the respective county government. Section 11(2) An applicant for a miraa vending licence shall apply to the respective county government in Form Mr18 set out in the First Schedule. Section 11(3) The county government shall, before issuing the licence in Form Mr19 set out in the First Schedule satisfy itself that the applicant has been registered by the Authority. Section 11(4) Where the applicant does not meet the requirement in paragraph (3) or does not provide the information required in the application form, the county government shall, within seven days from the receipt of the application, reject the application and notify the applicant in writing of the reasons for the rejection. Section 11(5) Where the reasons for the rejection of the application have been addressed, the applicant may resubmit the application for consideration. Section 11(6) Each county government shall, annually, share with the Authority a list of all licensed miraa vendors. Section 11(7) Every miraa vendor shall sell miraa or miraa products at a designated point. Section 11(8)(a) well marked; Section 11(8)(b) kept free of and from waste material; and Section 11(8)(c) used exclusively for the sale of miraa. Section 11(9) Miraa shall not be sold to a person below the age of eighteen years. Section 11(10) A person who contravenes paragraph (1), (7) or (9) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 12. Registration of miraa exporters and importers

AI-assisted research summary: Persons must be registered to operate as miraa exporters or importers; applicants must apply in Form Mr20; the Authority must issue registration certificates in Form Mr21 within seven days and notify rejections within seven days; rejected applicants may resubmit once reasons are addressed; contravention is an offence liable to the penalty in section 16(4).

Section 12. Registration of miraa exporters and importers Section 12(1) A person shall not carry on business as a miraa exporter or importer unless the person is registered by the Authority. Section 12(2) A person who intends to carry on business as a miraa exporter or importer shall apply to the Authority for registration in Form Mr20 set out in the First Schedule. Section 12(3) The Authority shall, within seven days from the receipt of the application and at no fee, issue a certificate of registration to a successful applicant in Form Mr21 set out in the First Schedule. Section 12(4) The Authority shall, within seven days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 12(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 12(6) A person who contravenes paragraph (1) commits an offence and shall be upon conviction be liable to the penalty prescribed under section 16(4) of the Act.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 13. Licensing of miraa exporters

AI-assisted research summary: Persons may not carry on business as miraa exporters without an export licence issued by the Authority; registered miraa exporters must apply for a licence; the Authority must decide within 30 days and on payment issue licences or notify rejections; applicants may resubmit after addressing reasons; exporters must submit quarterly returns; contravention of the licence or returns requirement is an offence.

Section 13. Licensing of miraa exporters Section 13(1) A person shall not carry on business as a miraa exporter unless he has been issued with an export licence by the Authority. Section 13(2) A miraa exporter who has been registered under regulation 12 shall apply to the Authority for a licence in Form Mr22 set out in the First Schedule. Section 13(3) The Authority shall, within thirty days from the receipt of the application and upon payment of the fee set out in the Second Schedule, issue a licence to a successful applicant in Form Mr23 set out in the First Schedule. Section 13(4) The Authority shall, within thirty days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 13(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 13(6) Every miraa exporter shall submit quarterly returns to the Authority in Form Mr24 as set out in the First Schedule. Section 13(7) A person who contravenes paragraph (1) or (6) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 14. Licensing of miraa importers

AI-assisted research summary: Persons must not carry on business as miraa importers without an import licence issued by the Authority; registered miraa importers must apply in Form Mr25; the Authority must decide within thirty days (issue licence upon fee payment or notify rejection), rejected applicants may resubmit if reasons addressed; miraa importers must submit quarterly returns in Form Mr27; contravention of paragraph (1) is an offence.

Section 14. Licensing of miraa importers Section 14(1) A person shall not carry out business as a miraa importer unless he has been issued with an import licence by the Authority. Section 14(2) A miraa importer who has been registered under regulation 12 shall apply to the Authority for a licence in Form Mr25 set out in the First Schedule. Section 14(3) The Authority shall, within thirty days from the receipt of the application and upon payment of the fee set out in the Second Schedule, issue a licence to a successful applicant in Form Mr26 set out in the First Schedule. Section 14(4) The Authority shall, within thirty days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 14(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 14(6) Every miraa importer shall submit quarterly returns to the Authority in Form Mr27 as set out in the First Schedule. Section 14(7) A person who contravenes paragraph (1) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 15. Issuance of miraa export permits

AI-assisted research summary: Exporters of miraa must not export miraa or miraa products unless they have a valid export permit; exporters must apply in Form Mr28; the Authority must consider applications within two days and issue permits in Form Mr29 upon satisfaction; the Authority must not issue permits to exporters contravening the Act or these Regulations; contravening paragraph (1) or (5) is an offence.

Section 15. Issuance of miraa export permits Section 15(1) A miraa exporter shall not export miraa or miraa products unless he has a valid export permit issued by the Authority for each export consignment. Section 15(2) An exporter of miraa or miraa products shall apply to the Authority for an export permit for each export consignment in Form Mr28 set out in the First Schedule. Section 15(3) The Authority shall within two days after receiving an application for an export permit, consider the application and upon satisfying itself the requirements in the application form have been met and the fee set out in the Second Schedule has been paid, issue an export permit in Form Mr29 set out in the First Schedule. Section 15(4) The Authority shall not issue a permit if an exporter is in contravention of the provisions of the Act or these Regulations. Section 15(5) The exportation of miraa or miraa products shall be through designated port of exit by a licensed importer. Section 15(6) An export consignment shall not exceed one thousand kilogrammes. Section 15(7) An exporter who contravenes paragraph (1) or (5) commits an offence.
16
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 16. Issuance of miraa import permits

AI-assisted research summary: Importers must have a permit for each consignment; apply in Form Mr30 and the Authority must issue a Form Mr31 permit after meeting requirements and payment; imports must be through designated ports by licensed importers; Authority must not issue permits to importers in contravention; consignments limited to one thousand kilogrammes; contravention is an offence.

Section 16. Issuance of miraa import permits Section 16(1) A miraa importer shall not import miraa or miraa products unless the importer has a valid import permit issued by the Authority for each import consignment. Section 16(2) An importer of miraa or miraa products shall apply to the Authority for an import permit for each consignment in Form Mr30 as set out in the First Schedule. Section 16(3) The Authority shall, within two days after receipt of an application under paragraph (2), consider the application and upon satisfying itself that the requirements in the application form have been met and the fee set out in the Second Schedule has been paid, issue an import permit in Form Mr31 as set out in the First Schedule. Section 16(4) The importation of miraa or miraa products shall be through designated port of entry by a licensed importer. Section 16(5) The Authority shall not issue a permit if an importer is in contravention of the provisions of the Act or these Regulations. Section 16(6) An import consignment shall not exceed one thousand kilogrammes. Section 16(7) An importer who contravenes paragraph (1) or (4) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 17. Revocation or suspension of licences

AI-assisted research summary: The licensing authority must give the licence holder an opportunity to be heard before revoking or suspending a licence; if a licence is revoked the holder must immediately surrender it and it ceases to have effect.

Section 17. Revocation or suspension of licences Section 17(1)(a) the conditions of issuance of the licence are contravened; or Section 17(1)(b) the holder of the licence or an employee of the holder commits an offence under the Act or these Regulations. Section 17(2) The licensing authority shall, before revoking or suspending a licence give the holder of the licence an opportunity to be heard and to make representations in that regard. Section 17(3) Upon revocation under paragraph (1) the holder of a licence shall immediately surrender the licence to the licensing authority and the licence shall immediately cease to have effect.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 18. Revocation of certificates of registration

AI-assisted research summary: Certificates of registration are issued once and may be revoked if the holder does not apply for or renew their licence for three consecutive years.

Section 18. Revocation of certificates of registration Section A certificate of registration under these Regulations shall be issued once but maybe revoked if the holder of the certificate does not apply for or renew his licence for three consecutive years.
19
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 19. Transferability of registration certificate or licence

AI-assisted research summary: Licences or registration certificates issued under these Regulations must not be transferred to another person; contravention is an offence.

Section 19. Transferability of registration certificate or licence Section 19(1) A licence or certificate of registration issued under these Regulations shall not be transferable to another person. Section 19(2) A person who contravenes paragraph (1) commits an offence.
20
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 20. Renewal of licences

AI-assisted research summary: Licences remain in force until 30 June following issue unless cancelled; renewal applications must be made to the licensing authority not later than 1 June in the month the licence expires; licence applications must include the fee in the Second Schedule.

Section 20. Renewal of licences Section 20(1) Any licence issued under these Regulations shall remain in force until the thirtieth of June next following the date of issue unless earlier cancelled. Section 20(2) An application for renewal of a licence under these Regulations shall be made to the licensing authority not later than the first day of the month of June in which the current licence is due to expire. Section 20(3) An application for a licence under these Regulations shall be accompanied by the appropriate fee set out in the Second Schedule.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 21. Applications may be made electronically

AI-assisted research summary: Applications may be made electronically

Section 21. Applications may be made electronically Section An application for registration or a licence and the submission of returns under this part may be made in electronic format.
4
REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 4. Licensing of commercial miraa nursery operators

AI-assisted research summary: Licences are required to establish or operate commercial miraa nurseries; applicants must apply to the county government, county governments issue or reject licences based on site requirements, licences are non-transferable and expire on the next 30 June unless cancelled, operators must submit annual returns, and county governments must annually share a list of licensed operators with the Authority.

Section 4. Licensing of commercial miraa nursery operators Section 4(1) A person shall not establish or operate a commercial miraa nursery unless the person has a valid licence issued by the respective county government. Section 4(2) A person who seeks to establish or operate a commercial miraa nursery shall apply to the respective county government for a licence in Form Mrl set out in the First Schedule. Section 4(3)(a) the land is suitable for propagating miraa seedlings; Section 4(3)(b) the site is well served with a reliable irrigation quality water source; Section 4(3)(c) the site is accessible for inspection and collection of planting material; Section 4(3)(d) the applicant has clearance from an accredited source of mother plants; Section 4(3)(e) the land is gently sloping and the soil type is of good drainage and does not allow water logging; and Section 4(3)(f) the applicant has adequate relevant knowledge in nursery management. Section 4(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue to the applicant a licence in Form Mr2 set out in the First Schedule in respect of the inspected site. Section 4(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall reject the application and notify the applicant of the reasons for the rejection. Section 4(6) Where the requirements in paragraph (3) have been met, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 4(7) A licence for a commercial miraa nursery operator shall not be transferrable and shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. Section 4(8) A commercial nursery operator shall submit annual returns to the county government in Form Mr3 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year. Section 4(9) Every county government shall, annually, share with the Authority a list of all licensed commercial miraa nursery operators. Section 4(10) A person who contravenes paragraph (1) or (9) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 5. Registration of growers' associations

AI-assisted research summary: Smallholder miraa growers may form growers' associations and apply to the Authority for registration; the Authority must issue a registration certificate at no fee; every growers' association must submit updated member particulars annually before the thirty first day of the first month of the financial year.

Section 5. Registration of growers' associations Section 5(1) Smallholder miraa growers may, for purposes of accessing economies of scale, form a growers' association and apply to the Authority for registration of the association. Section 5(2) An application for registration under paragraph (1) shall be made to the Authority in Form Mr4 as set out the First Schedule. Section 5(3) The Authority shall, at no fee, issue a certificate of registration to a growers' association in Form Mr5 set out in the First Schedule. Section 5(4) Every growers' association shall submit updated particulars of its members to the Authority annually before the thirty first day of the first month of the financial year.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 6. Registration of miraa aggregators

AI-assisted research summary: Persons must be registered by the Authority to carry on business as miraa aggregators; applicants must apply in Form Mr6; the Authority must issue a registration certificate in Form Mr7 within seven days at no fee; contravention is an offence punishable under section 16(4) of the Act.

Section 6. Registration of miraa aggregators Section 6(1) A person shall not carry on business as a miraa aggregator unless the person is registered as such by the Authority and has been issued with a registration certificate by the Authority. Section 6(2) A person who intends to carry on business as a miraa aggregator shall apply to the Authority for registration in Form Mr6 set out in the First Schedule. Section 6(3) The Authority shall, within seven days of the application and at no fee, issue a certificate of registration to a successful applicant in Form Mr7 set out in the First Schedule. Section 6(4) A person who contravenes paragraph (1) commits an offence and shall, on conviction, be liable to the penalty specified in section 16(4) of the Act.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 7. Licensing of miraa aggregators

AI-assisted research summary: Licensing regime for miraa aggregators: persons must not operate as aggregators without a county licence; registered aggregators must apply in Form Mr8; county governments must issue or reject licences within ten days; aggregators must file annual returns by the tenth day of the first month after the financial year; rejected applicants may resubmit; counties must annually share licensed-aggregator lists with the Authority; contraventions of the licence or returns rules are an offence.

Section 7. Licensing of miraa aggregators Section 7(1) A person shall not carry on business as a miraa aggregator without a licence issued by the respective county government. Section 7(2) A miraa aggregator who is registered under regulation 6 shall apply for a licence to the respective county government in Form Mr8 set out in the First Schedule. Section 7(3)(a) the applicant has a field holding facility at his disposal; Section 7(3)(b) the field holding facility is serviced with a reliable source of potable water for use; Section 7(3)(c) the area has a well demarcated waste disposal area; Section 7(3)(d) all staff have appropriate personal protective equipment. Section 7(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within ten days of receiving the application, a licence to a successful applicant in Form Mr9 set out in the First Schedule. Section 7(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall, within ten days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 7(6) Where the requirements set out in paragraph (3) have been met, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 7(7) A miraa aggregator shall submit annual returns to the respective county government in Form Mr10 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year. Section 7(8) The county government shall, annually, share with the Authority a list of all licensed miraa aggregators. Section 7(9) A person who contravenes paragraph (1) or (7) commits an offence.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 8. Registration of commercial miraa transporters

AI-assisted research summary: Persons must be registered by the Authority and issued a registration certificate before carrying on business as commercial miraa transporters; the Authority must issue certificates and notify rejections within five days; breach is an offence with imprisonment up to three years or a fine up to five million shillings.

Section 8. Registration of commercial miraa transporters Section 8(1) A person shall not carry on business as a miraa commercial transporter unless the person is registered as such by the Authority and has been issued with a registration certificate by the Authority. Section 8(2) An application for registration under paragraph (1) shall be made to the Authority in in Form Mr11 set out in the First Schedule. Section 8(3) The Authority shall, within five days of receipt of the application and at no fee, issue a certificate of registration to a successful applicant in Form Mr12 set out in the First Schedule. Section 8(4) The Authority shall, within five days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 8(5) Where the reasons for rejection have been addressed, the applicant whose application is rejected under paragraph (4) may resubmit the application for consideration. Section 8(6) A person who contravenes paragraph (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings or both.
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REGISTRATION AND LICENSING OF MIRAA GROWERS AND DEALERS - 9. Licensing of commercial miraa transporters

AI-assisted research summary: Commercial miraa transporters must be licensed by the Authority; licensed transporters must display the licence; applicants must meet packaging/vehicle/fee conditions; the Authority must issue or reject applications within thirty days; semi-annual returns are required by specific dates.

Section 9. Licensing of commercial miraa transporters Section 9(1) A person shall not carry on business as a commercial miraa transporter without a licence issued by the Authority. Section 9(2) A commercial miraa transporter who is registered under regulation 8 shall apply to the Authority for a licence in Form Mr13 set out in the First Schedule. Section 9(3)(a) the vessel used for transportation of miraa is well aerated to prevent chilling or scorching effect on the produce; Section 9(3)(b) the vessel used for transportation is exclusively for miraa at any given time; Section 9(3)(c) the packaging material used during transportation is made of food grade quality; and Section 9(3)(d) the applicant has paid the fee set out in the Second Schedule. Section 9(4) The Authority shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within thirty days of receiving the application, a licence to a successful applicant in Form Mr14 set out in the First Schedule. Section 9(5) Where the applicant does not meet the requirements in paragraph (3), the Authority shall, within thirty days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 9(6) Where the requirements in paragraph (3) have been met, the applicant whose application is rejected under paragraph (5) may resubmit the application for consideration. Section 9(7) A licensed commercial miraa transporter shall display the licence on the front windscreen of the vehicle while transporting miraa. Section 9(8) A commercial miraa transporter shall submit semi-annual returns to the Authority in Form Mr 15 set out in the First Schedule not later than the fifth day of January and the fifth day of July. Section 9(9) A person who contravenes paragraph (1) or (7) commits an offence.

Part III

PRODUCTION AND QUALITY ASSESSMENT OF MIRAA

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PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 22. Quality of planting materials

AI-assisted research summary: Section 22 requires supply of quality planting material in accordance with the Code of Practice and keeping accurate records of distributed planting material, produced on demand for inspection.

Section 22. Quality of planting materials Section 22(1)(a) supply quality planting material in accordance with the Code of Practice; and Section 22(1)(b) keep accurate records of distributed planting material and shall produce such records on demand for purposes of inspection. Section 22(2) A person who contravenes paragraph (1) commits an offence.
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PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 23. Irrigation and potable water for production

AI-assisted research summary: In the case of irrigation production, use water free of contaminants as specified in the Code of Practice.

Section 23. Irrigation and potable water for production Section in the case of irrigation production, use water free of contaminants as specified in the Code of Practice; and
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PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 24. Quality assurance for harvesting and postharvest handling of miraa

AI-assisted research summary: Sets quality and handling requirements for miraa: potable water for postharvest handling; produce-handling facilities must be kept free of waste; requirements to provide aeration, maintain produce integrity and protect against contamination; miraa must not be stored or transported with produce that may contaminate it; transport vessels must maintain optimal temperatures and hygiene; handling must follow the Code of Practice; contravening any provision is an offence.

Section 24. Quality assurance for harvesting and postharvest handling of miraa Section 24(1) Water used for postharvest handling of miraa shall be potable water. Section 24(2) Any produce handling facility such as a pack house, store, collection centre, working area or designated point shall be kept free of waste material. Section 24(3)(a) provide aeration to the produce so as to maintain optimum temperatures and humidity; Section 24(3)(b) maintain produce integrity by protecting them from physical damage; Section 24(3)(c) protect the produce against contamination. Section 24(4) Miraa shall not be stored or transported together with other produce which may contaminate it or otherwise adversely affect its quality. Section 24(5) A vessel used for transportation of miraa shall be built and equipped to ensure maintenance of optimal temperatures and hygiene to prevent damage, contamination and spoilage of produce. Section 24(6) Quality assurance for the handling, packaging, transportation harvesting and postharvest handling produce under this section shall be in accordance with the Code of Practice. Section 24(7) A person who contravenes any provision of this regulation commits an offence.
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PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 25. Traceability

AI-assisted research summary: The Authority must develop and build capacity for a traceability system for export and locally consumed miraa and perform several responsibilities including safety, labeling, disposal of unsafe produce, withdrawal from sale, record-keeping for not less than three months, and market recalls; contravening paragraph (2) is an offence.

Section 25. Traceability Section 25(1) The Authority shall, in consultation with stakeholders, develop and build capacity for implementation of a traceability system for both export and locally consumed miraa produce. Section 25(2)(a) be responsible for the safety of the miraa produce; Section 25(2)(b) ensure that miraa is labelled at source; Section 25(2)(c) ensure that miraa produce is labelled with a code indicating the country code, county code, farm name and location of the farm; Section 25(2)(d) dispose of any miraa that is considered unsafe for human health; Section 25(2)(e) withdraw unsafe miraa from sale or the distribution chain; Section 25(2)(f) keep records of the source miraa and to whom it is sold for a period not less than three months and in consideration of its shelf life; and Section 25(2)(g) be responsible for withdrawing or recalling miraa from the market. Section 25(3) A person who contravenes paragraph (2) commits an offence.
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PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 26. Appointment of inspectors

AI-assisted research summary: The Authority must appoint inspectors (by notice in the Gazette) to inspect miraa and miraa products; county governments may nominate county inspectors; the Authority must train prospective inspectors and develop and offer regular trainings; unauthorised persons who act as inspectors commit an offence.

Section 26. Appointment of inspectors Section 26(1) The Authority shall, by notice in the Gazette , appoint inspectors to carry out inspection of miraa and miraa products. Section 26(2) A county government may nominate county inspectors for appointment by the Authority. Section 26(3)(a) holds a bachelor's degree in food science and technology, agriculture or a related field from a university or institution recognised in Kenya; or Section 26(3)(b) holds a diploma in food science and technology, agriculture or a related field from an institution recognised in Kenya and two years' experience in agriculture extension service work; and Section 26(3)(c) complies with the provisions of the Public Officer's Ethics Act and Chapter 6 and Article 232 of the Constitution of Kenya. Section 26(4) The Authority shall train prospective inspectors before appointing them under paragraph (1). Section 26(5) The Authority shall develop a training curriculum and offer regular trainings to the inspectors. Section 26(6) A person who purports to carry out the functions of an inspector without having been duly appointed in accordance with these Regulations commits an offence.
Referenced legislation
- Public Officer's Ethics Act (unresolved)
- Constitution of Kenya (unresolved)
27
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 27. Functions of an inspector

AI-assisted research summary: An inspector must monitor activities associated with miraa production, dealing, handling and processing.

Section 27. Functions of an inspector Section monitor activities associated with miraa production, dealing, handling and processing;
28
PRODUCTION AND QUALITY ASSESSMENT OF MIRAA - 28. Compliance to standards

AI-assisted research summary: The Authority may randomly sample, test and analyse Miraa and Miraa products and may inspect holding facilities, transport vessels, pack houses and designated points from time to time to verify conformity to the Code of Practice and to food safety and quality standards.

Section 28. Compliance to standards Section 28(1) Miraa and Miraa products may be randomly sampled, tested and analysed by the Authority from time to time to verify conformity to the Code of Practice. Section 28(2) The Authority may, from time to time, inspect the field holding facilities, commercial transporters' vessels, pack houses and designated points to verify conformity to food safety and quality standards as prescribed in the Code of Practice. Section 28(3)(a) non-compliant produce due to food safety reasons shall be seized, detained and destroyed at the cost of the offender; Section 28(3)(b) miraa or miraa product presented using a forged certificate of registration, licence or permit shall be destroyed upon interception and the dealer suspended from operating for one year.

Part IV

GENERAL PROVISIONS

29
GENERAL PROVISIONS - 29. The Miraa Pricing Formula Committe

AI-assisted research summary: Section 29 establishes the Miraa Pricing Formula Committee, lists its members, requires members to elect a chairperson at the first meeting and set meeting procedures, requires the Authority to provide secretariat services, and allows the Committee to co‑opt experts when necessary.

Section 29. The Miraa Pricing Formula Committe Section 29(1)(a) one representative from the ministry responsible for matters relating to agriculture; Section 29(1)(b) one representative from the ministry responsible for matters relating to trade; Section 29(1)(c) one representative from the Authority; Section 29(1)(d) one County Executive Committee Member for agriculture nominated by the Council of Governors; Section 29(1)(e) one representative of miraa growers nominated by the apex body of growers' associations; Section 29(1)(f) one representative of muguka growers nominated by the apex body of growers' associations; and Section 29(1)(g) three representatives of dealers nominated by the apex body of dealers' associations. Section 29(2) The members of the Committee shall, at its first meeting, elect the chairperson from the members appointed under paragraph (e), (f) or (g) of paragraph (1) and set the procedures for conducting meetings of the Committee. Section 29(3)(a) the supply and demand forces; Section 29(3)(b) the cost of production; Section 29(3)(c) prevailing weather conditions; and Section 29(3)(d) any other prevailing factors. Section 29(4) The Authority shall provide secretariat services to the Committee. Section 29(5) The Committee may whenever necessary co-opt experts to provide technical advice.
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GENERAL PROVISIONS - 30. Units of measurement

AI-assisted research summary: Specifies measurement units and packaging limits for miraa and requires dealers to keep weighing machines serviceable; contraventions of the packaging limit or maintenance requirement are offences.

Section 30. Units of measurement Section 30(1) The unit of measurement for miraa or miraa products offered for sale shall be the kilogramme. Section 30(2) A single package of miraa or miraa products shall not exceed fifty kilogrammes. Section 30(3) A dealer shall ensure that any weighing machine used by the dealer is well maintained and is in a serviceable condition at all times. Section 30(4) A person who contravenes paragraph (2) or (3) commits an offence.
31
GENERAL PROVISIONS - 31. Imposition of miraa levy

AI-assisted research summary: A miraa levy is imposed on exported and imported miraa and miraa products; specified rates apply and unpaid levies are payable to and recoverable by the Authority; late payment attracts a 5% monthly addition.

Section 31. Imposition of miraa levy Section 31(1) There shall be imposed a miraa levy on exported and imported miraa and miraa products. Section 31(2)(a) three shillings per kilogramme of miraa or miraa products for export; and Section 31(2)(b) six shillings per kilogramme of imported miraa or miraa products. Section 31(3) Any levy imposed under this regulation shall be paid to the Authority and any levy which remains unpaid shall be recovered by the Authority as a civil debt due to it from the person by whom it is payable. Section 31(4) A person who fails to pay or remit on time any levy imposed under this regulation when directed by the Authority in writing shall, in addition to paying the levy, have a sum equal to five per cent of the amount added to the amount due for each month or part thereof during which the amount due remains unpaid.
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GENERAL PROVISIONS - 32. Fees

AI-assisted research summary: Fees for licences and permits are set out in the Second Schedule; charges on miraa in transit are to be charged once at the point of exit in the county of origin.

Section 32. Fees Section 32(1) The fees payable for licenses and permits issued under these Regulations shall be as set out in the Second Schedule. Section 32(2) Any charges on miraa produce on transit shall be charged once at the point of exit in the county of origin.
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GENERAL PROVISIONS - 33. General penalty

AI-assisted research summary: If a person commits an offence under these Regulations for which no penalty is prescribed, then upon conviction they are liable to the penalty prescribed under section 37 of the Act.

Section 33. General penalty Section A person who commits an offence under these Regulations for which no penalty is prescribed shall, upon conviction, be liable to the penalty as prescribed under section 37 of the Act.
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GENERAL PROVISIONS - 34. Revocation of L.N. No. 101 of 2022

AI-assisted research summary: The Crops (Miraa) Regulations, 2022 are revoked.

Section 34. Revocation of L.N. No. 101 of 2022 Section The Crops (Miraa) Regulations, 2022 are revoked.
Referenced legislation
- Crops (Miraa) Regulations, 2022 (unresolved)

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