The Crops (Horticultural Crops) Regulations

Section 5. Approved sources of planting materials Section 5(1) A commercial nursery operator shall not procure rootstock, scion or seed from a source that is not approved. Section 5(2) A person who contravenes subregulation (1) commits an offence.

Section 6. Obligation to register nurseries and mother blocks Section 6(1) A person shall not operate a commercial nursery or a mother block for supply to the domestic market unless the person holds a valid certificate of registration from the respective county government. Section 6(2) A person shall not operate a commercial nursery or mother block for supply to the export market unless the person holds a valid certificate of registration from the Authority. Section 6(3) A person who contravenes subregulation (1) or (2) commits an offence.

Section 7. Registration of nurseries or mother blocks for domestic market. Section 7(1) A person who intends to operate a commercial nursery or a mother block for supply to the domestic market shall apply for registration to the respective county government in Form 1 set out in the Second Schedule. Section 7(2)(a) sanitation standards are maintained at the propagation area; Section 7(2)(b) the seedlings are protected from diseases and pests; Section 7(2)(c) the area is free from organic and inorganic litter; Section 7(2)(d) there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch; Section 7(2)(e) the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination; Section 7(2)(f) the planting media used is free from microbial and chemical contamination; Section 7(2)(g) the nursery layout is secured from animals and other pests; Section 7(2)(h) the layout has East to West orientation, has a gentle slope and allows for good drainage; Section 7(2)(i) there are structures in place for the nursery operations including shade nets, polytunnels and insect proof net, a...

Section 8. Registration of nurseries or mother blocks for export market Section 8(1) A person who intends to operate a commercial nursery or mother block for supply to the export market shall make an application to the Authority in Form 3 set out in the Second Schedule. Section 8(2)(a) sanitation standards are maintained at the propagation area; Section 8(2)(b) the seedlings are protected from diseases and pests; Section 8(2)(c) the area is free from organic and inorganic litter; Section 8(2)(d) there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch; Section 8(2)(e) the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination; Section 8(2)(f) the planting media used is free from microbial and chemical contamination; Section 8(2)(g) the nursery layout is secured from animals and other pests; Section 8(2)(h) the layout has East to West orientation, has a gentle slope and allows for good drainage; Section 8(2)(i) there are structures in place for the nursery operations including shade nets, polytunnels, insect proof nets, a certified laboratory for tissue...

Section 9. Conditions of nursery registration certificate. Section 9(1) An operator of a commercial nursery or a mother block shall, on request by an inspector, produce the certificate of registration. Section 9(2) A person who contravenes this regulation commits an offence.

Section 10. Revocation of certificate of nursery or mother block registration. Section The Authority or county government may revoke a certificate of registration issued to a nursery or a mother block operator if that operator contravenes the provisions of the Act, any regulations issued under the Act or any conditions specified in the certificate.

Section 11. Certification of planting materials Section 11(1) A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service. Section 11(2) A person who contravenes this regulation commits an offence.

Section 12. Nursery records and returns Section 12(1) A commercial nursery operator who is registered by the Authority or county government shall keep records of distributed planting materials and shall produce the records on demand for inspection. Section 12(2) The records referred to in subregulation (1) shall indicate the varieties purchased and the buyer’s name, county, sub-county, ward and postal address. Section 12(3) A nursery operator shall submit annual statistical returns to the Authority Form 5 set out in the Second Schedule. Section 12(4) A person who contravenes subregulation (1) or (3) commits an offence.

Section 13. Registration of grower associations. Section 13(1) A plantation grower or a grower association may apply to the Authority for registration in Form 6 set out in the Second Schedule. Section 13(2)(a) a certificate of registration; Section 13(2)(b) a list of the association’s officials; Section 13(2)(c) a list of the registered members; Section 13(2)(d) a list of horticultural crops grown by the members; Section 13(2)(e) the code of conduct for the association. Section 13(3) No fee shall be charged for the registration of grower associations. Section 13(4) The Authority shall, if satisfied that the applicant meets the requirements for registration, enter the name and particulars of the association in the register and issue a certificate of registration subject to such terms and conditions as it deems necessary.

Section 14. Registration of dealers in the domestic market Section 14(1) A person who intends to deal in horticultural crops in the domestic market shall make an application to the Authority in Form 7 set out in the Second Schedule. Section 14(2) If the Authority is satisfied that the applicant meets the registration requirements, the Authority shall issue a certificate of registration to the applicant. Section 14(3) A certificate of registration issued under this regulation shall be in Form 8 set out in the Second Schedule. Section 14(4) A dealer shall conspicuously display the certificate issued under subregulation (3) at his place of business. Section 14(5) A certificate of registration issued under this regulation shall not be transferrable shall be valid until the thirtieth of June next following the date of issue. Section 14(6) An application for renewal of registration shall be made to the Authority at least three months before the expiry date in Form 7 set out in the Second Schedule.

Section 15. Registration of horticultural produce clearing agents. Section 15(1) A clearing agent who intends to clear horticultural produce shall apply to the Authority for registration in Form 9 set out in the Second Schedule. Section 15(2)(a) the fee set out in the Third Schedule Section 15(2)(b) a copy of the certificate of incorporation; Section 15(2)(c) a copy of the customs license; Section 15(2)(d) a copy the Kenya Revenue Authority PIN certificate; Section 15(2)(e) a copy of the certificate from the Kenya International Freight and warehouse Association of Kenya; Section 15(2)(f) a contract or an agreement between the clearing and forwarding agent and the exporter; Section 15(2)(g) two coloured passport photos for a processing clerk; Section 15(2)(h) a copy of the national identification card for the processing clerk; and Section 15(2)(i) a copy of a certificate of good conduct from the National Police Service for the processing clerk. Section 15(3) The Authority shall, if satisfied with that the application meets the registration requirements, enter the name of the applicant in the register and issue the applicant with a certificate in Form 10 set out in the Second Schedul...

Section 16. Monitoring of quality standards Section 16(1) The Authority shall, in collaboration with relevant Government agencies and county governments, ensure that horticultural crop inputs and produce conform to these Regulations, national, regional and international horticulture standards. Section 16(2) Every county government shall facilitate the development of market infrastructure to support the implementation of national standards.

Section 17. Safe production and handling of horticultural produce Section 17(1) A person shall not use water, planting media or fertilizer that contains microbial or chemical contaminants for production of horticultural crops. Section 17(2) Water used for postharvest and processing of horticultural produce shall be of potable quality. Section 17(3) Every county government shall ensure that all collection centres, retail and wholesale markets, food stores and pack houses are provided with sanitary facilities. Section 17(4) A person who contravenes subregulation (1) or (2) commits an offence.

Section 18. Produce handling and grading at the farm Section 18(1) Horticultural produce shall be harvested at the right stage of maturity for the intended use. Section 18(2) Harvested produce shall be handled by personnel with skills and knowledge on food safety. Section 18(3) Horticultural produce shall be harvested in the morning or evening or during cool parts of the day and kept under a shade. Section 18(4) Harvested produce shall be protected from dust and other contaminants. Section 18(5) Appropriate harvesting equipment and containers shall be used for harvesting horticultural produce. Section 18(6) Horticultural produce shall be harvested using clean crates or clean buckets. Section 18(7) Horticultural produce shall be sorted and graded as appropriate and produce unfit for the market shall be separated from marketable produce at the field level. Section 18(8) A collection shed shall be constructed for receiving produce at the field level. Section 18(9)(a) be accessible to both growers and dealers; Section 18(9)(b) be designed to allow for a store, working area and shade; Section 18(9)(c) have floors, doors, wall surfaces made with materials which are easy to clean and disi...

Section 19. Minimum conditions for produce handling facilities Section 19(1) The processing and packaging of horticultural produce shall be carried out under clean, hygienic and safe conditions as set out in the National Horticulture Standards and the Public Health Act (Cap. 242). Section 19(2) The working areas and premises of a produce handling facility shall be kept free of waste materials. Section 19(3) Any person who is within a produce handling facility shall wear protective clothing at all times. Section 19(4) Any hand used equipment or grading table shall be rust proof and easy to clean. Section 19(5) The floor layout for a produce handling facility shall allow for smooth flow of produce with adequate separation of raw materials and finished products. Section 19(6) The floors, doors and wall surfaces of a produce handling facility shall be made of impervious, nonabsorbent, non-toxic washable material which is easy to clean and disinfect. Section 19(7) A produce handling facility shall have adequate ventilation, temperature control and lighting. Section 19(8) A produce handling facility shall be designed and constructed to prevent entry of dust, domestic animals, rodents, in...

Section 20. Requirements for packaging, transportation and storage of horticultural produce and products Section 20(1) The packaging material for horticultural produce shall be designed to suit the transport handling system and shall meet market requirements. Section 20(2) The package weight of horticultural produce shall not exceed fifty kilogrammes. Section 20(3) The packaging material used for horticultural produce shall have the capacity to contain the produce, enabling the required quantity to be handled as one-unit up to the targeted destination without collapsing. Section 20(4) Horticultural produce shall, during storage and transportation, be kept at the temperature and humidity levels prescribed in the specific commodity standards for that produce. Section 20(5) Horticultural produce shall not be stored or transported together with other produce which may contaminate them or otherwise adversely affect their quality. Section 20(6) A vessel for transportation of horticultural produce shall be built and equipped to ensure maintenance of optimal temperatures and hygiene and to prevent damage, contamination and spoilage of produce. Section 20(7) Horticultural produce offered fo...

Section 21. Safe use of pesticides Section 21(1) A grower shall use only the pest control products registered by Pest Control Product Board in accordance with the label instructions. Section 21(2) A grower shall maintain all records of pest control products used and avail the records to a crops inspector on demand. Section 21(3)(a) the name of the crop previously grown in the same field; Section 21(3)(b) the type of seed used; Section 21(3)(c) seed dressing product used; Section 21(3)(d) date of planting; Section 21(3)(e) pest and disease records; Section 21(3)(f) pest product used in spraying; Section 21(3)(g) method of application of pest control products; Section 21(3)(h) weather conditions during the application of pest control products; Section 21(3)(i) date and rate of application of pest control products; Section 21(3)(j) irrigation frequency and dates of irrigation; Section 21(3)(k) harvesting dates and weather conditions during harvesting; Section 21(3)(l) the spray operator and equipment used; and Section 21(3)(m) sprayer and equipment calibration records. Section 21(4) A person shall not use post-harvest treatment products that are not registered by the Pest Control Prod...

Section 22. Traceability of produce Section 22(1)(a) in the case of a farm owned by the dealer, in Form 11 set out in the Second Schedule; Section 22(1)(b) in the case of produce sourced from contracted growers, in Form 12 set out in the Second Schedule; or Section 22(1)(c) in the case of produce obtained from retail or wholesale markets, in Form 13 set out in the Second Schedule. Section 22(2) A dealer in horticultural produce shall put in place the National Horticulture Traceability System or an equivalent traceability system as may be approved by the Authority. Section 22(3) A dealer in horticultural produce shall not deal with marketing agents who are not registered with the Authority. Section 22(4) A dealer in horticultural produce shall put in place a quality management system for withdrawal and recall of produce to address food safety concerns with potential to harm human health. Section 22(5) A person who contravenes any provision in this regulation commits an offence.

Section 23. Contract farming Section 23(1) A grower supplying produce to a dealer shall sign a contract with the dealer. Section 23(2)(a) sponsor the growing of a horticultural crop for trading without notifying the Authority; Section 23(2)(b) collect produce from a sponsored production scheme unless authorized in writing to do so by the sponsoring firm; Section 23(2)(c) return horticultural produce collected from a grower contrary to the contract; or Section 23(2)(d) impose contractual terms on the grower that do not comply with the horticultural code of conduct. Section 23(3) A person who contravenes regulation (2) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a period not exceeding six months or both.

Section 24. Enforcement of quality standards Section 24(1) Produce in collection centres, stores, pack houses, markets, warehouses may be randomly sampled and tested by the Authority in collaboration with county government and relevant agencies from time to time to ensure conformity with food safety and quality requirements. Section 24(2) A dealer shall not operate without a compliance certificate in Form 14 set out in the Second Schedule. Section 24(3)(a) has visited and inspected the farm and confirmed that it complies with food safety and quality standards; and Section 24(3)(b) is satisfied that the dealer has adequate knowledge of national, regional and international market requirements.

Section 25. Consequences of non-compliance with standards Section in the case of produce that does not comply with food safety standards, be seized, detained or destroyed at the cost of the offender; and

Section 26. Consequences of non-compliance with standards Section 26(1) A person who intends to be registered as an importer of horticultural produce shall apply to the Authority for a horticultural produce import licence in Form 15 set out in the Second Schedule. Section 26(2)(a) a copy of the certificate of incorporation, for local companies; Section 26(2)(b) a copy of the certificate of compliance for a branch of a foreign company; Section 26(2)(c) Kenya Revenue Authority PIN certificate for the company; Section 26(2)(d) a valid tax compliance certificate from the Kenya Revenue Authority; Section 26(2)(e) a copy of a valid business permit; Section 26(2)(f) copies of the identity cards or passports of the directors; Section 26(2)(g) copies of a passport and valid work permit of the directors, if they are foreigners; Section 26(2)(h) the fee set out in the Third Schedule. Section 26(3) The Authority may require the personal attendance of the applicant or an authorized representative of the applicant for interview before granting a licence. Section 26(4) If the Authority is satisfied that the applicant has satisfied the requirements for registration, the Authority shall issue the a...

Section 27. Import certificate Section 27(1) A registered importer who intends to import a consignment of horticultural produce shall apply to the Authority for a horticultural produce import certificate in Form 17 set out in the Second Schedule. Section 27(2)(a) copies of importation and customs entry documentation; Section 27(2)(b) the import permit for shipment of the specific consignment; Section 27(2)(c) evidence of payment of duties and levies; Section 27(2)(d) a certificate of origin and contact details of the exporters and importers from whom the consignment was procured; and Section 27(2)(e) the fee set out in the Third Schedule. Section 27(3) The Authority shall, on receipt of the application, analyse samples of the consignment in respect of which the application is made at the port of entry. Section 27(4) If the Authority is satisfied that the consignment of horticultural crops meets the import requirements, the Authority shall issue the applicant with an import certificate in form 18 set out in the Second Schedule. Section 27(5) Any consignment of horticultural produce that is smuggled or does not conform to the quality standards shall be seized, detained and disposed o...

Section 28. Export licence Section 28(1) A person who intends to be registered as an exporter of horticultural produce shall apply to the Authority for a horticultural produce export licence in Form 19 set out in the Second Schedule. Section 28(2)(a) a copy of the certificate of incorporation, for local companies; Section 28(2)(b) a copy of the certificate of compliance for a branch of a foreign company; Section 28(2)(c) the Kenya Revenue Authority PIN certificate for the company; Section 28(2)(d) a valid tax compliance certificate from the Kenya Revenue Authority; Section 28(2)(e) a copy of a valid business permit; Section 28(2)(f) copies of the identity cards or passports of the directors; Section 28(2)(g) copies of a passport and valid work permit of the directors, if they are foreigners; Section 28(2)(h) the registration fee set out in the Third Schedule; Section 28(2)(i) produce traceability records; Section 28(2)(j) contracts from contracted produce sources; and Section 28(2)(k) documents indicating that the applicant operates from a registered packing facility. Section 28(3)(a) inspect the farm where the horticultural produce is grown and issue the applicant with a farm insp...

Section 29. Export certificate Section 29(1) A person who intends to export a consignment of horticultural produce shall apply to the Authority for an export certificate in Form 21 set out in the Second Schedule. Section 29(2)(a) a copy of the horticultural produce export license; Section 29(2)(b) the product name; Section 29(2)(b)(i) the product name; Section 29(2)(b)(ii) the destination of the product; Section 29(2)(b)(iii) the consignee; Section 29(2)(b)(iv) the flight details: Section 29(2)(b)(v) the unit value of the produce, indicating the currency; and Section 29(2)(b)(vi) the weight of each product being exported in Kilograms; and Section 29(2)(c) a maturity inspection report for mangoes and avocadoes. Section 29(3) If the Authority is satisfied that the consignment of horticultural produce meets the export requirements, the Authority shall issue the applicant with an export certificate in Form 22 set out in the Second Schedule. Section 29(4) A person who exports horticultural produce from Kenya without an export certificate commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a period not exceedin...

Section 30. Import and export returns Section 30(1) A registered exporter or importer of horticultural produce shall maintain accurate records of transactions relating to horticultural produce and shall submit quarterly returns to the Authority in Form 23 set out in the Second schedule. Section 30(2) A person who contravenes subregulation (1) commits an offence.

Section 31. Appeals Section 31(1)(a) the grant, refusal, renewal, variation or revocation; or Section 31(1)(b) the conditions imposed on the grant, renewal or variation, of a licence, may appeal to the Cabinet Secretary. Section 31(2) An appeal under this regulation shall be lodged within thirty days from the date on which the appellant first received notice of the decision.

Section 32. Fees Section The applicable fees for services rendered under these Regulations shall be as set out in the Third Schedule.

Section 33. Levies Section 33(1) There shall be a levy, based on the customs value, imposed on all horticultural crops destined for export other than those canned, bottled, preserved, dehydrated or delivered to operators for canning and processing factories at the rate of 0.25 per cent of the customs value. Section 33(2)(a) imported as finished products at the rate of four percent of the import value; and Section 33(2)(b) imported as fresh products or raw materials at a rate of two percent of the import value. Section 33(3) The levy due under subregulation (3) shall be remitted to the Authority not later than the tenth day of the month following the month during which the levy was due. Section 33(4) Any levy imposed under this regulation 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 33(5)(a) pay an interest of twenty-five percent for the first month or part of the month in which the levy remains unpaid; and Section 33(5)(b) pay twelve percent compound interest for each subsequent month or part of the month in which the levy remains unpaid. Section 33(6) The interest rate set out in subregulation (2)...

Section 34. Alteration, suspension and revocation of licences or certificates Section 34(1) The Authority may alter, suspend or revoke a license or certificate issued under these Regulations if in its opinion the Act, these Regulations or a condition of the licence has been contravened. Section 34(2) The Authority shall, before altering, suspending or revoking a license, give the person a fourteen days’ notice to make representations.

Section 35. General penalty Section A person who contravenes the provisions of these Regulations for which no specific penalty is provided commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months or both.

Section 36. Transitional provisions Section Any certificate or license issued before these Regulations come into operation shall remain valid until expiry, and subsequent certificates or license shall be issued under these Regulations.

Section 37. Revocation L.N No. 190 of 2011 Section The Horticultural Crops Development Authority Order, 2011 is revoked.