The Crops (Miraa) Regulations, 2023

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

Section 2. Interpretation Section In these Regulations unless the context otherwise requires— "Act" means the Crops Act ( Cap. 318 ); "aggregator" means a person who buys, collects and bulks miraa and miraa products for purposes of collective marketing; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act ( Cap. 317 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "Code of practice" means the Miraa (khat) Industry - Code of Practice - KNWA 2940: 2021 as provided in the Standards Act ( Cap. 496 ); "commercial nursery operator" means a person who propagates miraa planting material for sale; "commercial transporter" means a person who transports miraa at a fee; "Committee" means the Miraa Pricing Formula Committee established under regulation 29; "county government" has the meaning assigned to it under Article 176 of the Constitution; "crop inspector" means an inspector appointed under section 27 of the Act; "dealer" includes an aggregator, commercial transporter, vendor, holding facility owner, exporter or importer of miraa; "designated point" me...

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 Mrl set out in the First Schedule. Section 4(3)(a) the land is suitable for propagating miraa seedlings; Section 4(3)(b) the site is well served with a reliable irrigation quality water source; Section 4(3)(c) the site is accessible for inspection and collection of planting material; Section 4(3)(d) the applicant has clearance from an accredited source of mother plants; Section 4(3)(e) the land is gently sloping and the soil type is of good drainage and does not allow water logging; and Section 4(3)(f) the applicant has adequate relevant knowledge in nursery management. Section 4(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue to the applicant a licence in Form Mr2 set out in the First Schedule in respect of the inspected site. Section 4(5) Where the ap...

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

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

Section 7. Licensing of miraa aggregators Section 7(1) A person shall not carry on business as a miraa aggregator without a licence issued by the respective county government. Section 7(2) A miraa aggregator who is registered under regulation 6 shall apply for a licence to the respective county government in Form Mr8 set out in the First Schedule. Section 7(3)(a) the applicant has a field holding facility at his disposal; Section 7(3)(b) the field holding facility is serviced with a reliable source of potable water for use; Section 7(3)(c) the area has a well demarcated waste disposal area; Section 7(3)(d) all staff have appropriate personal protective equipment. Section 7(4) The county government shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within ten days of receiving the application, a licence to a successful applicant in Form Mr9 set out in the First Schedule. Section 7(5) Where the applicant does not meet the requirements in paragraph (3), the county government shall, within ten days from the receipt of the application, reject the application and notify the applicant of the reasons for the rejection. Section 7(6) Where the requirements...

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 on business as a commercial miraa transporter without a licence issued by the Authority. Section 9(2) A commercial miraa transporter who is registered under regulation 8 shall apply to the Authority for a licence in Form Mr13 set out in the First Schedule. Section 9(3)(a) the vessel used for transportation of miraa is well aerated to prevent chilling or scorching effect on the produce; Section 9(3)(b) the vessel used for transportation is exclusively for miraa at any given time; Section 9(3)(c) the packaging material used during transportation is made of food grade quality; and Section 9(3)(d) the applicant has paid the fee set out in the Second Schedule. Section 9(4) The Authority shall, if satisfied that the applicant meets the requirements in paragraph (3), issue, within thirty days of receiving the application, a licence to a successful applicant in Form Mr14 set out in the First Schedule. Section 9(5) Where the applicant does not meet the requirements in paragraph (3), the Authority shall, within thirty days from the receipt of the application, reject the application and notify the appl...

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

Section 11. Licensing of miraa vendors Section 11(1) A person shall not carry out business as a miraa vendor without a licence issued by the respective county government. Section 11(2) An applicant for a miraa vending licence shall apply to the respective county government in Form Mr18 set out in the First Schedule. Section 11(3) The county government shall, before issuing the licence in Form Mr19 set out in the First Schedule satisfy itself that the applicant has been registered by the Authority. Section 11(4) Where the applicant does not meet the requirement in paragraph (3) or does not provide the information required in the application form, the county government shall, within seven days from the receipt of the application, reject the application and notify the applicant in writing of the reasons for the rejection. Section 11(5) Where the reasons for the rejection of the application have been addressed, the applicant may resubmit the application for consideration. Section 11(6) Each county government shall, annually, share with the Authority a list of all licensed miraa vendors. Section 11(7) Every miraa vendor shall sell miraa or miraa products at a designated point. Section 1...

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

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

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

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

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

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

Section 18. Revocation of certificates of registration Section A certificate of registration under these Regulations shall be issued once but maybe revoked if the holder of the certificate does not apply for or renew his licence for three consecutive years.

Section 19. Transferability of registration certificate or licence Section 19(1) A licence or certificate of registration issued under these Regulations shall not be transferable to another person. Section 19(2) A person who contravenes paragraph (1) commits an offence.

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

Section 21. Applications may be made electronically Section An application for registration or a licence and the submission of returns under this part may be made in electronic format.

Section 22. Quality of planting materials Section 22(1)(a) supply quality planting material in accordance with the Code of Practice; and Section 22(1)(b) keep accurate records of distributed planting material and shall produce such records on demand for purposes of inspection. Section 22(2) A person who contravenes paragraph (1) commits an offence.

Section 23. Irrigation and potable water for production Section in the case of irrigation production, use water free of contaminants as specified in the Code of Practice; and

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

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

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

Section 27. Functions of an inspector Section monitor activities associated with miraa production, dealing, handling and processing;

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

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

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

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

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

Section 33. General penalty Section A person who commits an offence under these Regulations for which no penalty is prescribed shall, upon conviction, be liable to the penalty as prescribed under section 37 of the Act.

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