The Crops (Food Crops) Regulations

Section 1. Citation Section These Regulations may be cited as the Crops (Food Crops) Regulations.

Section 2. Interpretation Section buying and selling food crops or food produce;

Section 3. Scope of application Section produced, processed and traded in Kenya; or

Section 4. Purpose of these Regulations Section 4(1) The purpose of these Regulations shall be to promote the development and regulation of food crops and food produce. Section 4(2)(a) the registration of growers, growers' associations, and other dealers in food crops or food produce; Section 4(2)(b) the certification of processing plants, warehouses, collection centres and markets; Section 4(2)(c) the issuance of export clearance permits; Section 4(2)(d) the assurance of the safety and quality of food crops and food produce; Section 4(2)(e) the marketing of food crops and food produce; Section 4(2)(f) the promotion of best practices in production, transportation, storage and processing of food crops and food produce; Section 4(2)(g) the collection, collating and maintaining of a database on the production, prices and trade, of food crops and food produce; and Section 4(2)(h) the carrying out such other functions as may be necessary for the effective implementations of these Regulations.

Section 5. Rights and obligations of growers and growers' associations Section 5(1) A growers' association shall have a written agreement with every grower who has registered with it. Section 5(2) The agreement referred to in subregulation (1) shall specify the rights and obligations of both the grower and the growers' association. Section 5(3) A growers' association shall register with the Authority and submit copies of the agreements the association has with its growers, to the Authority. Section 5(4) A growers' association shall submit copies of the agreements the association has with its growers to its respective County Executive Committee Member. Section 5(5) Any disputes arising between the growers and growers' associations shall be determined by the court.

Section 6. Registration of growers' associations and other dealers Section 6(1)(a) a growers' association; Section 6(1)(b) a large scale grower; Section 6(1)(c) a marketing agent; Section 6(1)(d) an exporter; Section 6(1)(e) an importer; Section 6(1)(f) a processor; and Section 6(1)(g) a transporter. Section 6(2) An application for registration under subregulation (1) shall be in Form 2A set out in the Second Schedule. Section 6(3)(a) within fourteen days of receiving the application, grant a certificate of registration; or Section 6(3)(b) within seven days of receiving the application reject the application and indicate the reasons thereof. Section 6(4)(a) within fourteen days of the decision, resubmit the application for registration after addressing the issues raised in the rejection; or Section 6(4)(b) within twenty-one days of being notified of the decision, appeal to the Court. Section 6(5) Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a certificate of registration. Section 6(6) The Authority shall issue a certificate of registration under this regulation in Form 4A set out in the Fourth Schedule subject to...

Section 7. Cancellation of registration Section The Authority may cancel the registration of a person registered under regulation 6 if the person has contravened the terms and conditions of the person's certificate of registration.

Section 8. Appeals on issuance of certificate of registration Section cancelling of their registration; or

Section 9. Register of growers Section 9(1) A registered growers' association shall maintain a register of its members in Form 5A set out in the Fifth Schedule. Section 9(2)(a) the respective County Government; and Section 9(2)(b) the Authority, by the thirty first day of December of every year.

Section 10. Application for a warehousing licence Section 10(1) A person shall not operate a warehouse without a warehousing licence. Section 10(2)(a) in Form 2B set out in the Second Schedule; Section 10(2)(b) accompanied by a certificate of compliance for the warehouse issued in accordance with these Regulations; and Section 10(2)(c) made to the respective County Government. Section 10(3)(a) within fourteen days of receiving the application, issue the applicant a warehousing licence; or Section 10(3)(b) within seven days of receiving the application, reject the application and give the reasons thereof. Section 10(4) Where an application has been rejected in accordance with subregulation (3)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection. Section 10(5) Upon resubmission of a satisfactory application under subregulation (4), the respective County Government shall issue the applicant with a warehousing licence. Section 10(6) A warehousing licence issued under this regulation shall be valid from the date of issue to the thirtieth of June next following the date of issue unless the licence is revoked by the respective County Governmen...

Section 11. Renewal of a warehousing licence Section 11(1)(a) in Form 2B set out in the Second Schedule; Section 11(1)(b) made to the respective County Government; Section 11(1)(c) accompanied by a valid certificate of compliance for the warehouse issued in accordance with these Regulations; and Section 11(1)(d) accompanied by the returns of the warehouse operator for the previous year in Form 5D and 5E, set out in the Fifth Schedule. Section 11(2) An application under subregulation (1) shall be made not later than the first day of June in the year which the current licence is due to expire. Section 11(3) Where an application is made later than the day specified in subregulation (2), the applicant shall specify a reasonable cause for the delay. Section 11(4) The respective County Government shall publish a notice of the proposed grant of a warehousing licence in the Gazette , at least thirty days before granting the licence. Section 11(5) An applicant under this regulation shall notify the respective County Government of any change in the ownership, business operations or production scale within thirty days of the change whenever it occurs. Section 11(6)(a) within fourteen days of...

Section 12. Import clearance permits Section 12(1) A person shall not import a food crop or food produce unless that person is registered as an importer in accordance with regulation 6. Section 12(2) A registered importer shall not import a consignment without a valid import clearance permit issued by the Authority. Section 12(3) Each consignment shall be imported only through a port of entry. Section 12(4)(a) in Form 2C as set out in the Second Schedule; and Section 12(4)(b) accompanied by a certificate of compliance for the warehouse. Section 12(5)(a) within fourteen days of receiving the application, issue the applicant, an import clearance permit; or Section 12(5)(b) within seven days of receiving the application, reject the application and give the reasons thereof. Section 12(6) Where the application has been rejected under subregulation (5)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection. Section 12(7) Upon resubmission of a satisfactory application under subregulation (6), the Authority shall issue the applicant with an import clearance permit. Section 12(8) The Authority shall issue an import clearance permit under this regu...

Section 13. Release order for an importer's consignment Section 13(1) A registered importer shall declare each consignment that the importer has imported at the port of entry, to the Authority. Section 13(2) An inspector shall physically inspect each consignment imported by an importer. Section 13(3)(a) a copy of the import clearance permit; Section 13(3)(b) the profile of the exporter from whom the consignment was procured; Section 13(3)(c) the profile of the consignment specifying the type of food crop or food produce; Section 13(3)(d) a certificate of conformity of the consignment from a competent authority of the country of origin; Section 13(3)(e) a declaration of the quantity, in metric tons, of the imported food crops or food produce; Section 13(3)(f) a declaration of the destination of the consignment; Section 13(3)(g) quantity in transit, Section 13(3)(g)(i) quantity in transit, Section 13(3)(g)(ii) transit shed in accordance with the East African Community Customs Management Act, 2004; and Section 13(3)(g)(iii) details of port of exit, in Form 2D set out in the Second Schedule; and Section 13(3)(h) where the consignment is of food crops or food produce in bulk, a declarat...

Section 14. Certificate of conformity Section 14(1) A person shall not export a food crop or food produce unless that person is registered as an importer under regulation 6. Section 14(2) A person shall not export a consignment without a valid certificate of conformity issued by the Authority. Section 14(3) A registered exporter shall apply for a certificate of conformity for a consignment that the exporter intends to export in Form 2E set out in the Second Schedule. Section 14(4)(a) within fourteen days of receiving the application, issue the applicant a certificate of conformity; or Section 14(4)(b) within seven days of receiving the application, reject the application and give the reasons thereof. Section 14(5) In considering an application under subregulation (3), the Authority shall carry out an inspection of the consignment to be exported to ensure that it conforms to the requirements of the country the food crops or food produce are being exported to. Section 14(6) Where the application has been rejected under subregulation (4)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection. Section 14(7) Upon resubmission of a satisfactory...

Section 15. Revocation or suspension of a licence, permit, release order or certificate Section 15(1) The Authority or County Government, as the case may be, may revoke or suspend a licence, permit, release order or certificate issued under this Part if the conditions of issuance of the licence, permit, release order or certificate are not complied with. Section 15(2)(a) the licence, permit, release order or certificate is revoked under subregulation (1); or Section 15(2)(b) the purpose for which licence, permit, release order or certificate is issued ceases, and it shall cease to have effect forthwith.

Section 16. Appeals on issuance of licences, permits, release orders or certificates. Section 16(1)(a) the grant, refusal, renewal, variation of revocation; or Section 16(1)(b) the conditions imposed on the grant, renewal or variation, of a licence or permit, may appeal to the Cabinet Secretary within thirty days of the date on which the applicant first received the notice of the decision. Section 16(2)(a) the grant, refusal, renewal, variation of revocation; or Section 16(2)(b) the conditions imposed on the grant, renewal or variation, of a release order or certificate, may appeal to the Court within thirty days of the date on which the applicant first received the notice of the decision.

Section 17. Infected area Section 17(1) A grower shall not cultivate food crops in an infected area. Section 17(2)(a) the disposal of garbage or industrial waste; Section 17(2)(b) sanitary waste management; Section 17(2)(c) mining activities; and Section 17(2)(d) oil or gas extraction. Section 17(3) The respective County Government in collaboration with the relevant government department or agency, shall ensure that an infected area is fenced off to prevent access by a grower to such site. Section 17(4) A grower who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both. Section 17(5) Where a grower contravenes subregulation (1), the respective County Government shall seize and detain the contaminated food crop grown. Section 17(6) The Authority shall, in undertaking routine sampling and testing of food crops and food produce, determine if food crops or food produce are contaminated as a result of being grown in an infected area. Section 17(7) Where, pursuant to subregulation (6), it is determined that food crops or food produce a...

Section 18. Wash water Section Every grower and dealer shall use potable water to wash the food crop or food produce that the person is handling.

Section 19. Safe use of pesticides Section 19(1) A grower or dealer shall apply the pest control products to the food crops or food produce in their custody, in accordance with the Pest Control Products Act ( Cap 346 ). Section 19(2) A person shall import, distribute, store, use or dispose of a pest control product, in accordance with the Pest Control Products Act ( Cap. 346 ). Section 19(3) A grower or dealer shall undergo the requisite training under the Pest Control Products Act (Cap. 346), on the safe usage, storage or disposal of pest control products for the food crops or food produce in the grower's or dealer's custody. Section 19(4) A grower shall observe the pre-harvest interval for the particular pest control product used on a food crop or food produce in the grower's or dealer's custody. Section 19(5) Where the Authority discovers that a food crop or food produce of a grower or a dealer contains a pest control product whose content exceeds the maximum residue limit, the Authority may suspend the registration of the grower or dealer until the grower or the dealer undertakes corrective measures.

Section 20. Training programs Section The Authority in consultation with the relevant County Government, shall initiate and coordinate training programmes for growers and dealers to enable them to implement these Regulations.

Section 21. Harvesting and post-harvest handling of food crops or food produce Section 21(1) A grower or a dealer shall harvest a food crop at its physiological maturity. Section 21(2) A grower or a dealer shall sort, grade package, label, transport, store or process a food crop or food produce in accordance with the standards prescribed in the Standards Act (Cap 496). Section 21(3) A transporter shall ensure that the vehicle used to transport a food crop or food produce complies with the Traffic Act and any other written law. Section 21(4) A person who contravenes subregulations (1), (2) or (3) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

Section 22. Certification of warehouses Section 22(1) A person operating a warehouse shall store the food crops or food produce in the person's custody under conditions that are not detrimental to the safety and quality of the food crops or food produce. Section 22(2) The Authority shall inspect all warehouses to ensure that they are in compliance with these Regulations. Section 22(3) A person shall not operate any premises as a warehouse unless the premises have a valid certificate of compliance for a warehouse. Section 22(4)(a) in the Form 2F in the Second Schedule; Section 22(4)(b) made to the Authority; and Section 22(4)(c) accompanied by payment of the fees prescribed in the Third Schedule. Section 22(5)(a) within thirty days of receipt of the application, issue the applicant a certificate of compliance for a warehouse; or Section 22(5)(b) within fourteen days of receipt of the application, reject the application and give the reasons thereof. Section 22(6) Where an application has been rejected under subregulation (5)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection. Section 22(7) Upon resubmission of a satisfactory application...

Section 23. Renewal of the certification of warehouses Section 23(1)(a) in the Form 2F in the Second Schedule; Section 23(1)(b) made to the Authority; and Section 23(1)(c) accompanied by the returns of the warehouse operator in Form 5D and Form 5E, set out in the Fifth Schedule. Section 23(2)(a) within thirty days of receipt of the application, issue the applicant a certificate of compliance for a warehouse; or Section 23(2)(b) within fourteen days of receipt of the application, reject the application and give the reasons thereof. Section 23(3) Where an application has been rejected under subregulation (2)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection. Section 23(4) Upon resubmission of a satisfactory application under subregulation (3), the Authority shall issue the applicant a certificate of compliance for a warehouse. Section 23(5) A certificate of compliance for a warehouse issued under this regulation shall be in the Form 4F set out in the Fourth Schedule.

Section 24. Certification of a new food processing plant Section 24(1) A person who intends to establish a food processing plant shall obtain a certificate of approval for a food processing plant. Section 24(2)(a) in Form 2G set out in the Second Schedule; and Section 24(2)(b) made to the Authority. Section 24(3)(a) a design, construction and layout plan of the premises where the plant will be situated including its internal structures, materials and fittings; Section 24(3)(b) the requisite approval under the Environmental Management and Co-ordination Act (Cap. 387) in respect of the premises; Section 24(3)(c) a map indicating the location of the premises with clearly marked boundaries; Section 24(3)(d) a declaration of the source of water for the food processing plant; Section 24(3)(e) an approval from all relevant Government agencies in accordance with existing laws and regulations; Section 24(3)(f) a detailed project feasibility study for the food processing plant; and Section 24(3)(g) a declaration of the prospective source of the food crops or food produce. Section 24(4)(a) within fourteen days of receipt of the application, issue the applicant a letter of preliminary approval...

Section 25. Certification of a existing food processing plant Section 25(1) A person shall not operate a food processing plant without a valid certificate of compliance. Section 25(2)(a) in Form 2J set out in the Second Schedule; and Section 25(2)(b) made to the Authority. Section 25(3)(a) a design, construction and layout plan of the premises where the plant will be situated including its internal structures, materials and fittings; Section 25(3)(b) the requisite approval under the Environmental Management and Co-ordination Act (Cap. 387) in respect of the premises; Section 25(3)(c) a map indicating the location of the premises with clearly marked boundaries; Section 25(3)(d) a declaration of the source of water for the food processing plant; Section 25(3)(e) an approval from all relevant Government agencies in accordance with existing laws and regulations; Section 25(3)(f) a detailed project feasibility study for the food processing plant; and Section 25(3)(g) a declaration of the source of the food crops or food produce. Section 25(4)(a) in Form 2H set out in the Second Schedule; Section 25(4)(b) submit the application in paragraph (a) to the Authority; and Section 25(4)(c) pay...

Section 26. Renewal of certification of a food processing plant Section 26(1)(a) in Form 2J set out in the Second Schedule; Section 26(1)(b) accompanied by an inspection fee set out in the Third Schedule; Section 26(1)(c) made to the Authority; and Section 26(1)(d) accompanied by the returns of the processor in Form 5C set out in the Fifth Schedule for the previous year. Section 26(2) A processor shall make an application under subregulation (1) at least three months prior to the expiry of the current certificate of approval for a food processing plant. Section 26(3) A certificate of compliance for a food processing plant issued under this regulation shall be valid for one year from the date of issue unless it is cancelled by the Authority before the expiry date. Section 26(4) The Authority may consider a late application for a certificate of compliance for a food processing plant if the applicant specifies a reasonable cause for the delay. Section 26(5) A processer shall notify the Authority of any change in the ownership or shareholding, business operations or production scale within thirty days of the change. Section 26(6) The Authority shall cancel the certificate of compliance...

Section 27. Sampling and testing of food crops and food produce Section 27(1) The Authority shall randomly sample, test and analyse any food crops or food produce in collection centres, markets, warehouses or food processing plants to ensure that it conforms to the food safety and quality requirements provided under the Act, these Regulations or any other written laws. Section 27(2) A person may notify the Authority of any food crops or food produce that the person suspects to be contaminated and is being offered for sale. Section 27(3) Upon notification under subregulation (2), the Authority may, within seven days of receiving the notification, sample and analyse the produce and take the necessary action specified under regulation 17. Section 27(4) A dealer that has a warehouse may sample, test and analyse all the food crops and food produce when purchasing and during storage to ensure that the food conforms to the food safety and quality requirements provided under the Act, these Regulations or any other written laws. Section 27(5) The Authority shall seize and detain, any food crops or food produce that do not conform to the food safety and quality requirements provided under th...

Section 28. Traceability Section 28(1) The Authority in consultation with relevant stakeholders shall develop and build the capacity of every dealer to implement a traceability system for food crops and food produce in their custody. Section 28(2)(a) ensure that they maintain records of the person from whom they obtained the food crop or food produce in their custody; and Section 28(2)(b) establish and maintain a distinct traceability code for the food crop or food produce in their custody. Section 28(3) The traceability system under subregulation (1) shall ensure that a food crop or food produce that does not conform to the food safety and quality requirements provided under the Act, these Regulations and any other written laws be identified and located for removal from the supply chain if necessary.

Section 29. Crops inspection Section 29(1) The crops inspectors appointed by the Authority in accordance with section 27 of the Act shall carry out inspections of food crops and food produce to ensure they conform to the food safety and quality requirements provided under the Act, these Regulations or any other written laws. Section 29(2) The county governments may nominate persons who may be appointed by the Authority as crops inspectors in accordance with subregulation (1). Section 29(3)(a) a bachelor's degree in Agriculture or a related field; or Section 29(3)(b) a diploma in Agriculture or a related field with two years' experience in extension service work, from a university or institution recognised in Kenya. Section 29(4) The Authority shall develop training curriculum and offer regular training to crops inspectors to ensure effective carrying out of their duties. Section 29(5) A prospective crops inspector shall undergo mandatory training on inspections recommended by the Authority before being appointed. Section 29(6) The Authority shall publish in the Gazette all crops inspectors who have successfully undertaken the mandatory training within thirty days upon completion of...

Section 30. Inspection and verification Section 30(1) The Authority shall conduct a compliance audit of growers, growers' associations, dealers and processors, jointly or separately with the respective County Governments, to ensure compliance to these regulations. Section 30(2)(a) provide feedback on non-conformity; and Section 30(2)(b) build the capacity for corrective measures, growers, growers' associations, dealers and processors. Section 30(3)(a) monitor any activity associated with food production, dealing, handling and processing to ensure compliance with these regulations; Section 30(3)(b) regularly undertake surveillance and inspections to ensure that growers, dealers and processors of food crops or food produce adhere to the food safety and quality requirements provided under the Act, these Regulations and any other written laws; and Section 30(3)(c) carry out periodic auditing specified under subregulation (1). Section 30(4) A crops inspector may enter any land or premises, or board any vehicle that is used for storing or transporting food crops or food produce to conduct an inspection. Section 30(5) A crops inspector shall seize and detain any food crops or food produce...

Section 31. Surveillance and risk analysis, assessment and communication Section 31(1) The Authority shall implement compliance programs consisting of inspection and verification under this regulation for all food crops and food produce. Section 31(2)(a) random risk-based inspections; and Section 31(2)(b) scheduled annual inspections for purposes of renewal of a certificate, licence or permit, as the case may be. Section 31(3) The Authority shall maintain a systematic process of collection, analysis and interpretation, of food safety data as relates to potential hazards, to enable establishment of science-based policies and standards, based on food safety risks. Section 31(4) The Authority shall make decisions and take action based on scientific principles and evidence, including assessment, management and communication of food safety risks and emerging issues.

Section 32. Storage by growers Section The respective County Government shall undertake regular programs to build the capacity of growers in their county, on the safe storage of the grower's food crops or food produce.

Section 33. Distribution of food crops and food produce in the market Section 33(1) The Authority shall determine the domestic production and consumption of food crops and food produce in the market every year. Section 33(2) Pursuant to subregulation (1), the Authority shall determine whether there is a surplus or deficit, of food crops or food produce. Section 33(3) The Authority shall advise the Cabinet Secretary on corrective measures to take pursuant to the determination under subregulation (2).

Section 34. Marketing agent Section The respective county Government shall ensure that a marketing agent operating in the respective county shall deal in food crops or food produce in accordance with the guidelines stipulated in Form 6A set out in the Sixth Schedule.

Section 35. Contract farming Section 35(1) A dealer may contract a grower or growers' association for the food crop or food produce handled by the grower or growers' association. Section 35(2) Each dealer shall register the contract under subregulation (1) with the respective County Government and submit a copy of the contract to the Authority. Section 35(3) Where a registered dealer participates in a sponsoring scheme, the dealer shall only buy or collect, food crops or food produce, issue inputs or train the growers of the food crops, if authorized in writing by the sponsoring scheme.

Section 36. Sale and packaging of food crops and food produce Section 36(1) The respective County Executive Committee Member in consultation with the relevant government agencies shall designate and develop a site as a market or collection centre located within their county, in accordance with the guidelines set out in Form 6B set out in the Sixth Schedule. Section 36(2) The unit of measurement of all packaged food crops or food produce shall be the kilogramme. Section 36(3) The maximum weight for the packaging of each single unit of a food crop shall be fifty kilograms. Section 36(4) A grower, dealer or processor shall not handle or trade in, food crops or food produce, that is not packed in conformity with subregulations (2) and (3) above. Section 36(5) A grower or dealer, shall use a weighing scale that has been properly calibrated, serviced, inspected and approved in accordance with the Weights and Measures Act (Cap. 513). Section 36(6) A dealer shall collect food crops or food produce, only from a designated as such in accordance with this regulation. Section 36(7) A person who contravenes subregulation (4), (5) or (6) commits an offence and shall be liable, on conviction, to...

Section 37. Imposition of levy Section 37(1) There shall be a levy imposed on all food crops and food produce that are destined for export and such levy shall be based on the Free on Board value of the food crops or food produce. Section 37(2) There shall be a levy imposed on all food produce or food crops that are imported. Section 37(3) The levy imposed under subregulations (1) or (2) shall be payable at the port of exit or entry, as the case may be. Section 37(4) The levy imposed under subregulations (1) or (2) shall be collected by the Authority or its appointed agent. Section 37(5) An exporter or importer shall pay the levy imposed under subregulation (1) or (2), as the case may be, not later than the tenth day of the month following the month during which the levy fell due. Section 37(6)(a) an interest of twenty-five percent of the outstanding amount of the levy, for the first month or part of the month in which the levy remains unpaid; and Section 37(6)(b) a compound interest of twelve percent of the outstanding amount of the levy that remains unpaid for each subsequent month or part of the month in which the levy remains unpaid; Section 37(7) The interest rates set out in s...

Section 38. Fees Section 38(1) The fees payable for the issuance of licences, permits, certificates or release orders, under these Regulations shall be as set out in the Third Schedule. Section 38(2) Any fees for issuance of licences, permits, certificates or release orders, under these Regulations for food crops or food produce in transit shall be charged only once at the point of exit in the country of origin.

Section 39. Filing of returns Section 39(1)(a) the processing, Section 39(1)(b) the quantity of stock held; and Section 39(1)(c) the marketing data, in respect of the food crops or food produce that they deal in by the tenth of every month or upon request, by the Authority or the respective county government, as the case may be. Section 39(2) Returns submitted under subregulation (1) shall be in Form 5B set out in the Fifth Schedule. Section 39(3) A processer shall submit returns in respect of the food crops or food produce that the processor deals in, in Form 5C set out in the Fifth Schedule by the thirtieth of June every year or upon request, by the Authority or the respective county government, as the case may be. Section 39(4)(a) on the stock of food crops or food produce in their custody by the fifth date of every month in Form 5D; Section 39(4)(b) on suppliers and projections on the quantity of food crops or food produce for the coming year by the thirtieth of June every year, in the Form 5E, set out in the Fifth Schedule, to the Authority or the respective county government, as the case may be. Section 39(5) The returns under subregulation (4) shall be submitted to the respe...

Section 40. Use of Forms Section to enable the use of the forms electronically; and