The Crops (Miraa) Regulations

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

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. 496); "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; "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 27; "county government" shall have 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...

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

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 Mr1 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 inspections 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 a licence in Form Mr 2 set out in the First Schedule to the applicant in respect of the inspected site. Section 4(5) Where the...

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 grower 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.

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 be a miraa aggregator shall apply to the Authority for registration in Form Mr 6 a 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.

Section 7. Licensing of miraa aggregators Section 7(1) A person shall not carry on business 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; and 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 in paragraph (3)...

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.

Section 9. Licensing of commercial miraa transporters Section 9(1) A person shall not carry out 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 Mr 13 set out in the First Schedule. Section 9(3)(a) the vessel used is well aerated to prevent chilling or scorching effect on the produce; Section 9(3)(b) the applicant exclusively transports miraa in the vessel; 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 Third 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 Mr 14 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...

Section 10. Licensing of miraa vendors Section 10(1) A person shall not carry out business as a miraa vendor without a licence issued by the respective county government. Section 10(2) An applicant for a miraa vending licence shall apply to the respective county government in Form Mr16 set out in the First Schedule. Section 10(3)(a) the miraa vendor intends to sell miraa or miraa products at a designated point; and Section 10(3)(b) well marked; Section 10(3)(b)(i) well marked; Section 10(3)(b)(ii) one hundred metres away from any learning institution; Section 10(3)(b)(iii) kept free of and from waste material; and Section 10(3)(b)(iv) used exclusively for the sale of miraa. Section 10(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3) issue, within seven days, a licence to the applicant in Form Mr17 set out in the First Schedule. Section 10(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall, within seven days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 10(6) Where the requirements in paragraph (3) ha...

Section 11. Registration of miraa exporters and importers Section 11(1) A person shall not carry out business as a miraa exporter or importer without a registration certificate from the Authority. Section 11(2) A person who intends to carry out the business as a miraa exporter or importer shall apply to the Authority for registration in Registration of miraa exporters a importers. Section 11(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 Mr19 set out in the First Schedule. Section 11(4) The Authority shall, within seven days from the receipt of the application, notify an unsuccessful applicant indicating the reasons for the rejection. Section 11(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 11(6) A person who contravenes paragraph (1) commits an offence and shall be upon conviction be liable to imprisonment for term not exceeding three years or a fine not exceeding five million shillings or both.

Section 12. Licensing of miraa exporters Section 12(1) A person shall not carry out business as a miraa exporter unless he has been issued with an export licence by the Authority. Section 12(2) A miraa exporter who has been registered under regulation 11 shall apply to the Authority for a licence in Form Mr20 set out in the First Schedule. Section 12(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 Mr21 set out in the First Schedule. Section 12(4) The Authority shall, within thirty 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) Every miraa exporter shall submit quarterly returns to the Authority in Form Mr28 as set out in the First Schedule. Section 12(7) A person who contravenes paragraph (1) commits an offence.

Section 13. Licensing of miraa importers Section 13(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 13(2) A miraa importer who has been registered under regulation 11 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 importer shall submit quarterly returns to the Authority in Form Mr28 as set out in the First Schedule. Section 13(7) A person who contravenes paragraph (1) commits an offence.

Section 14. Issuance of miraa export permits Section 14(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 14(2) An exporter of miraa or miraa products shall apply to the Authority for an export permit for each export consignment in Form Mr24 set out in the First Schedule. Section 14(3) The Authority shall within two days after receiving an application for an export permit, consider the application and upon satisfying itself the requirements have been met and payment of the prescribed fee in the Second Schedule issue an export permit in Form Mr25 set out in the First Schedule. Section 14(4) The Authority shall not issue a permit if an exporter is in contravention of the provisions of the Act or these Regulations. Section 14(5) An exporter who contravenes paragraph (1) commits an offence.

Section 15. Issuance of miraa import permits Section 15(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 15(2) An importer of miraa or miraa products shall apply to the Authority for an import permit for each consignment in Form Mr26 as set out in the First Schedule. Section 15(3) The Authority shall within two days after receipt of an application in 16 (2), consider the application and upon satisfying itself the requirements have been met and payment of the prescribed fee in the Second Schedule issue an import permit in Form Mr27 as set out in the First Schedule. Section 15(4) The importation of miraa or miraa products shall be through designated port of entry by a licensed importer. Section 15(5) The Authority shall not issue a permit if an importer is in contravention of the provisions of the Act or these Regulations. Section 15(6) An importer who contravenes paragraph (1) commits an offence.

Section 16. Revocation or suspension of licences Section 16(1)(a) the conditions of issuance of the licence are contravened; or Section 16(1)(b) the holder of the licence or an employee of the holder Revocation or suspension of licences. Section 16(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 16(3) Upon revocation under paragraph (1) the holder shall immediately surrender the licence to the licensing authority as the case maybe, and the licence shall cease to have effect forthwith.

Section 17. 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 or renew his licence for three consecutive years.

Section 18. Transferability of registration certificate or licence Section 18(1) A registration certificate or licence issued under these Regulations shall not be transferable to another person. Section 18(2) A person who contravenes paragraph (1) commits an offence.

Section 19. Renewal of licences Section 19(1) Any licences issued under these Regulations shall remain in force until the thirtieth of June next following the date of issue unless earlier cancelled. Section 19(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 19(3) An application for a licence under these Regulations shall be accompanied by the appropriate fee set out in the Second Schedule.

Section 20. Quality of planting materials Section 20(1)(a) supply quality planting material in accordance with the Code of Practice; and Section 20(1)(b) keep accurate records of distributed planting material and shall produce such records on demand for purposes of inspection. Section 20(2) A person who contravenes paragraph (1) commits an offence.

Section 21. Irrigation water for production Section In the case of irrigation in miraa production, the water used shall be as specified in the Code of Practice.

Section 22. Quality assurance harvesting and postharvest hand of miraa Section 22(1) Water used for postharvest handling of miraa shall be potable water. Section 22(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 22(3)(a) provide aeration to the produce so as to maintain optimum temperatures and humidity; Section 22(3)(b) maintain produce integrity by protecting them from physical damage; and Section 22(3)(c) protect the produce against contamination. Section 22(4) Miraa shall not be stored or transported together with other produce which may contaminate it or otherwise adversely affect its quality. Section 22(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 22(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 22(7) A person who contravenes any provision of this section commits an offence.

Section 23. Traceability Section 23(1) Every miraa dealer shall put in place and implement a traceability system. Section 23(2)(a) be responsible for the safety of the miraa produce; Section 23(2)(b) ensure that miraa is labelled at source; Section 23(2)(c) miraa produce has a code indicating the country code, county code, farm name and location; Section 23(2)(d) be able to identify the sources from whom he obtained miraa and the clients he has supplied; Section 23(2)(e) dispose miraa which is considered unsafe for human health; and Section 23(2)(f) recall unsafe miraa from sale or the distribution chain. Section 23(3) A person who contravenes paragraph (2) commits an offence.

Section 24. Appointment of inspectors Section 24(1) The Authority shall, by notice in the Gazettte, appoint inspectors to carry out inspections of miraa and miraa products. Section 24(2) A county government may nominate county inspectors for appointment by the Authority. Section 24(3)(a) a bachelors degree in agriculture or related field from a university or institution recognised in Kenya; or Section 24(3)(b) a diploma in agriculture from an institution recognised in Kenya and two years’ experience in agriculture extension service work; and Section 24(3)(c) comply with the provisions of the Public Officer’s Ethics Appointment of inspectors. Section 24(4) The Authority shall train prospective inspectors before appointing them under paragraph (1). Section 24(5) The Authority shall develop a training curriculum and offer regular trainings to the inspectors. Section 24(6) A person who purports to carry out the functions of an inspector without having been dully appointed in accordance with these Regulations commits an offence.

Section 25. Functions of an inspector Section monitor activities associated with miraa production, dealing, handling and processing;

Section 26. Compliance to standards Section 26(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 26(2) The Authority shall, 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 26(3)(a) non-compliant produce due to food safety reasons shall be seized, detained and destroyed at the cost of the offender; Section 26(3)(b) miraa or miraa product presented using forged registration certificates, licences or permits shall be destroyed upon interception and the dealer suspended from operating for one year.

Section 27. The Miraa Pricing Formula Committee Section 27(1)(a) one representative from the ministry responsible for matters relating to agriculture; Section 27(1)(b) one representative from the ministry for the time being responsible for matters relating to trade; Section 27(1)(c) one representatives from the Authority; Section 27(1)(d) one County Executive Committee Member for agriculture nominated by the Council of Governors; Section 27(1)(e) three representatives of growers nominated by the apex body of growers associations; and Section 27(1)(f) two representatives of traders nominated by the apex body of traders associations. Section 27(2) The members of the Committee shall, at its first meeting, elect the chairperson from the members appointed under paragraph (e) or (f) of paragraph (1) and set the procedures for conducting meetings of the Committee. Section 27(3)(a) the supply and demand forces; Section 27(3)(b) the cost of production; Section 27(3)(c) prevailing weather conditions; and Section 27(3)(d) any other prevailing factors. Section 27(4) The Authority shall provide secretariat services to the Committee. Section 27(5) The Committee may whenever necessary co-opt expe...

Section 28. Units of measurement Section 28(1) The kilogram shall be the base unit of measurement of mass by reference to which any measurement of weight shall be made in Kenya for miraa and miraa products. Section 28(2) A single package of miraa or miraa products shall not exceed fifty kilogrammes. Section 28(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 28(4) A person who contravenes paragraph (2) or (3) commits an offence.

Section 29.[Deleted by L.N. 126/2022, r. 2]

Section 30. Fees Section 30(1) The fees payable for licenses and permits issued under these Regulations shall be as set out in the Second Schedule. Section 30(2) Any charges on traded produce on transit shall be charged once at the point of exit in the County of origin and no other charge shall be instituted on the same consignment as it traverses across counties.

Section 31. General penalty Section A person who commits an offence under these Regulations for which no penalty is prescribed shall, upon conviction, be liable to a fine not exceeding five hundred thousand shillings, or to a term of imprisonment for a period not exceeding one year or to both in accordance with section 37 of the Act.