The Crops (Irish Potato) Regulations

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

Section 2. Interpretation Section for purposes of transportation of irish potato produce within the country, a vessel load for which a Certificate of Produce has been issued in accordance with regulation 17; and

Section 3. Application Section These Regulations shall apply with respect to irish potatoes produced and marketed in Kenya and imported or exported into and out of Kenya.

Section 4. Purpose of these regulations Section 4(1) The purpose of these Regulations is to guide the promotion, development and regulation of production and trade in irish potatoes. Section 4(2)(a) registration of growers, grower associations, dealers and irish potato collection centres; Section 4(2)(b) registration of processors, warehouses, importers and exporters of irish potatoes; Section 4(2)(c) quality assurance and marketing of irish potatoes; Section 4(2)(d) establishment and enforcement of standards in grading, sampling and inspection, tests and analysis, specifications, units of measurement, code of practice and packaging, preservation, conservation and transportation of crops to ensure health and proper trading; Section 4(2)(e) packaging and sale of irish potatoes; and Section 4(2)(f) promotion of best practices in the irish potato sub-sector.

Section 5. Registration of Irish potato growers and growers' association Section 5(1) Every grower shall, for the purposes of data collection, apply for registration respectively with the respective county government where their irish potato is grown in Form A as set out in the First Schedule. Section 5(2) Every growers' association shall apply for registration with the respective county government where their irish potato is grown in Form B as set out in the First Schedule.

Section 6. Registration of small holder grower Section 6(1) A smallholder grower may register with a growers' association. Section 6(2) A growers' association shall issue a certificate of registration to every smallholder grower registered with a growers' association. Section 6(3) A smallholder grower shall not register with more than one grower association in respect of the same parcel of land.

Section 7. Registration of dealers, processors, importers, exporters,collection centresand warehouses Section 7(1)(a) processors; Section 7(1)(b) marketing agents; Section 7(1)(c) dealers; Section 7(1)(d) collection centres ; and Section 7(1)(e) warehouses or stores. Section 7(2) The persons and entities specified in sub-regulation (1) shall apply for registration in Forms C and D accordingly as set out in the First Schedule. Section 7(3) Upon registration the county government shall issue the applicant with a Certificate of Registration in Form E set out in the First Schedule. Section 7(4) The certificate of registration shall be issued once.

Section 8. Registration of importers and exporters Section 8(1) An importer or exporter of irish potato produce shall register with the Authority . Section 8(2) The application for registration under paragraph (1) shall be in Form F set out in the First Schedule. Section 8(3) Upon registration, the Authority shall issue a certificate of registration to the applicant in Form G set out in the First Schedule.

Section 9. Buying and selling of irish potatoes Section 9(1) The selling and buying of irish potatoes for commercial purposes shall be done in collection centres and designated markets. Section 9(2) A dealer , processor and exporter shall collect Irish potatoes from producers at a registered and designated collection centre. Section 9(3) A dealer , processor and exporter may collect Irish potatoes from a medium or a registered and designated market . Section 9(4) The selling and buying of irish potatoes for home consumption may be done through a collection centre, medium or designated market .

Section 10. Collection centres Section 10(1)(a) the premises are registered and designated as a collection centre by the respective county government , and Section 10(1)(b) there is in place a management committee in respect thereof Section 10(2) A grower association or a large scale grower may register a collection centre with the respective county government for the purposes of grading, sorting, weighing, storage and packaging of irish potatoes. Section 10(3) The application for registration under paragraph (2) shall be made in writing by the operator. Section 10(4) Upon registration the respective county government shall issue a Certificate of Registration to the grower association in form H set out in the First Schedule. Section 10(5) An operator of a collection centre shall issue a certificate of produce to a buyer for every consignment bought for commercial purposes. Section 10(6) A certificate of produce under paragraph (5) shall in Form I set out in the First Schedule. Section 10(7) The Authority shall prescribe requirements on collection centres in compliance with national, regional and international standards from time to time. Section 10(8) An Inspector may inspect premi...

Section 11. Smallholder may register independently Section 11(1) A small holder grower who does not join a growers association may register with a registered irish potato collection centre. Section 11(2) The application for registration under paragraph (2) shall be in Form J as set out in the First Schedule.

Section 12. Non-transferability of certificate of registration Section A certificate of registration issued under these Regulations shall not be transferable.

Section 13. Import and export of Irish potato produce Section The Authority shall annually collect data on the domestic production and consumption of irish potatoes within the country to establish levels of surplus or deficit and advise the Cabinet Secretary on the exportation and importation of irish potatoes.

Section 14. Licensing of importers and exporters Section 14(1) A person shall not import or export irish potatoes without a valid licence issued by the Authority . Section 14(2) An application for a licence under paragraph (1) shall be made in Form K set out in the First Schedule. Section 14(3) Where the Authority approves the application under paragraph (2), the Authority shall issue the applicant with a licence set out in Form L set out in the First Schedule.

Section 15. Conditions for issuing import and export licences Section 15(1) The import or export of irish potato produce shall be carried out through a customs port of entry or exit, as the case may be. Section 15(2) An importer or exporter of irish potato produce shall apply for an export or import permit for each consignment imported or exported. Section 15(3) The application for a permit under paragraph (2) shall be in Form M set out in the First Schedule. Section 15(4) The Authority shall, where the applicant qualifies for the permit, issue an import or export permit to a registered importer or exporter in Form N set out in the First Schedule. Section 15(5) Each consignment of irish potato produce for import, export or in transit shall be declared at the port of entry or exit and physically verified by the Authority or its authorized agent. Section 15(6)(a) the required grades, packaging and labelling; Section 15(6)(a)(i) the required grades, packaging and labelling; Section 15(6)(a)(ii) the applicable maximum weight for a single unit of package subject to paragraph (c) herein; and Section 15(6)(a)(iii) declaration of quantity in metric tons of imported or exported produce and...

Section 16. Maintenance of registers Section 16(1) Every grower association shall keep and maintain a register of its members and forward a copy of the up to date register to the respective county government on or before the 31st December of every year. Section 16(2) Every collection centre shall keep and maintain a register of its members and forward a copy of the up to date register to the respective county government on or before the 31st December of every year. Section 16(3) A county government shall keep and maintain a register of all growers, and grower associations, collection centres , processors, dealers and marketing agents operating in the counties who are registered in accordance with these Regulations and shall submit copies of the up to date register to the Authority by the 31st January of every year.

Section 17. Offences Section 17(1) A person who contravenes regulations 5(2), 9(1), 7, 11, 14(1) and 15(1)(2) commits an offence. Section 17(2) A person who contravenes regulations 7(1), 8(1), 9(1), 10(1)(b) and 13(1) commits an offence and shall, on conviction, be liable to imprisonment for a period not exceeding three years or to a fine not exceeding five million shillings or to both.

Section 18. Safe use of pest control products Section 18(1)(a) ensure the safe use, storage and disposal of pest control products in accordance with the Good Agricultural Practices as prescribed by the Authority from time to time; and Section 18(1)(b) use pest control products registered for use in the irish potato production and handling by the Government agency for the time being responsible for pest control products. Section 18(2) A person who contravenes this regulation commits an offence.

Section 19. Packaging ofirish potatoproduce Section 19(1) The unit of measurement of all irish potatoes shall be the kilogram. Section 19(2) The maximum weight for each single unit of package of 'Irish potatoes shall be 50 kilograms. Section 19(3) Subject to subregulation (2), the Cabinet Secretary may from time to time and in consultation with the Authority by notice in the Gazette prescribe the maximum weight for each single unit of package of irish potatoes. Section 19(4) The maximum weight prescribed under paragraph (3) shall take into consideration existing laws and regulations, and national, regional and international standards. Section 19(5) A grower and dealer of irish potato produce shall use a weighing scale that has been properly calibrated, serviced, inspected and approved by the Ministry for the time being responsible for trade. Section 19(6) Any person who contravenes this regulation commits an offence.

Section 20. Marketing requirements Section 20(1)(a) sorted, graded, packaged, labelled, transported, and stored following good practices prescribed by the Authority from time to time and in accordance with existing national, regional and international standards; Section 20(1)(b) removed from any area after packaging in clean and intact food grade material that allows for aeration and maintenance of produce quality; Section 20(1)(c) packaged and clearly labelled indicating the irish potato variety, date harvested, collection centre and county of origin; Section 20(1)(d) offered for sale only in collection centres or markets designated by the county government; and Section 20(1)(e) stored in an inspected and registered facility. Section 20(2) A person who contravenes this regulation commits an offence.

Section 21. Transportation of Irish Potatoes Section 21(1) Irish potatoes for commercial purposes shall be transported in natural and synthetic fibre sacks, moulded plastic boxes, sawn wooden boxes and paper or plastic film sacks or in such other manner as may be prescribed by the Cabinet Secretary in consultation with the Authority from time to time. Section 21(2) A person transporting irish potatoes shall ensure that the vessel used for transportation does not lead to deterioration caused through moisture loss, rain, greening, or physical damage or contamination and complies with instructions provided by the Authority from time in accordance with the existing national, regional and international standards. Section 21(3) A person who contravenes this regulation commits an offence.

Section 22. Crop inspectors Section 22(1) The Authority shall appoint Inspectors in accordance with section 27 of the Act to carry out inspections on compliance with standards, guidelines and legislation on irish potato produce. Section 22(2) Inspectors appointed by the Authority shall regularly undertake surveillance and inspections to ensure that producers, dealers, importers, exporters and processors of irish potato produce adhere to these Regulations, the terms and conditions of registration and guidelines issued by the Authority from time to time and any other relevant laws. Section 22(3) The county governments may appoint inspectors to monitor activities associated with irish potato production, dealing, handling and processing, to ensure compliance with these Regulations within the respective county. Section 22(4)(a) a Bachelor's Degree in Agriculture or related field from a university recognised in Kenya, or Section 22(4)(a)(i) a Bachelor's Degree in Agriculture or related field from a university recognised in Kenya, or Section 22(4)(a)(ii) a Diploma in Agriculture with two years' experience in extension service work, and Section 22(4)(b) comply with the provisions of Chapte...

Section 23. Powers of entry Section 23(1) An inspector may at any reasonable time, in the course of his duties enter upon any land, or premises, or stop and enter into a vehicle , vessel or conveyance used for storage or transportation of irish potatoes for purposes of ascertaining that the net weight and packaging conforms to the requirements of these Regulations or for the performance of the functions or powers conferred under the Act or any other written law. Section 23(2) The Inspector shall seize and detain Irish potatoes packaged or transported in a manner that does not conform to the requirement of these regulations at the cost of the offender. Section 23(3) A person who obstructs an inspector from carrying out the required inspection commits an offence and shall be liable on conviction, to the penalty provided under section 30(2) of the Act .

Section 24. General Penalty Section A person who commits an offence under these regulations for which no penalty is provided for, shall be liable, upon conviction, to the penalty provided under section 37 of the Act .

Section 25. Use of Forms Section The Authority or the County Government, as the case may be, may make such modifications, alterations or additions as may be required from time to time, to enable effective use of the prescribed forms, including facilitating the use of such forms electronically.

Section 26. Fees Section The fees specified in the Second Schedule shall be payable in respect of the matters set out therein.