The Crops (Tea Industry) Regulations

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

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "auction" means a process of buying and selling tea by offering bids and selling it to the highest bidder through a physical or electronic system; "auction organizer' means a person, company or firm established for the purpose of organizing tea auctions in Kenya; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 317); "broker" means a person or company or firm established for the purpose of negotiating the purchase or sale of tea between producers and buyers; "blending" means the process of mixing of teas of different or same grades to affect the flavour and characteristics of the tea for the purposes of packing and sale; "buyer" means a person, company or a firm engaged in acquiring made tea for re-sale in the local or export market, including export of imported tea; "black CTC tea" means tea derived exclusively, and produced by acceptable processes and includes oxidation (fermentation) and drying, from the leaves, buds and tender stems of varieties of the species Camellia Sinensis (linaeus) , 0. Kuntze, known...

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

Section 4. Object and purpose of these Regulations Section 4(1) The purpose of these Regulations is to guide the development, promotion, and regulation of the tea industry for the benefit of the tea growers and other stakeholders in the tea industry. Section 4(2)(a) procedures and conditions for registration of all players along the value chain; Section 4(2)(b) procedures, terms and conditions for the issuance of licenses and registration certificates under these Regulations; Section 4(2)(c) collection and maintenance of data related to tea; Section 4(2)(d) authentication and verification of tea exports and imports; Section 4(2)(e) the promotion of value addition and product diversification of Kenya tea products to target diverse tea markets; Section 4(2)(f) compliance and enforcement of tea standards to ensure quality assurance and safety; and Section 4(2)(g) regulation of the tea sub sector.

Section 5. Registration of a commercial tea nursery Section 5(1) A person who intends to establish a commercial tea nursery shall apply for registration to the County Government where they intend to establish the tea nursery in Form AFA\CG\A1 as set out in the First Schedule. Section 5(2) The County Government shall issue a registration certificate to a commercial tea nursery in Form AFA\CG\A2 as set out in the First Schedule Section 5(3) A commercial tea nursery shall submit annual returns to the respective County government with a copy to the Authority in Form AFA\CG\A3 as set out in the First Schedule.

Section 6. Registration of a tea grower Section 6(1) A smallholder tea grower may apply for registration to a tea factory limited company where they deliver green leaf as provided in section 14(1)(b) of the Act in Form AFA\CG\B1 set out in the First schedule. Section 6(2) A tea factory limited company shall maintain a register of all growers who supply green leaf to it and submit a copy of the register to the respective County Government and to the Authority not later than the fifteenth day of January of every year. Section 6(3) A person shall not sell green leaf unless the person is a tea grower as defined under Regulation 2 of these regulations. Section 6(4) No person shall buy green leaf from a tea grower other than the tea factory limited company where the grower is registered. Section 6(5) A tea grower shall not sell green leaf to any person other than to the tea factory limited company where they are registered. Section 6(6) For avoidance of doubt any tea grower who sells green leaf to any person other than to the tea factory limited company where they are registered commits an offence. Section 6(7) A plantation tea grower may apply for registration to the Authority as provid...

Section 7. Double registration Section 7(1) A smallholder tea grower shall not register their parcel of land planted with tea to more than one tea factory limited company at a time. Section 7(2) Where subdivision has been carried out but separate titles deeds have not been issued, proof of such subdivision from the registered owner of the land shall be provided to the tea factory limited company. Section 7(3) Notwithstanding subregulation (1) above, a tea grower may register a parcel of land planted with more than one type of tea to more than one factory at a time for the purpose of processing of the different teas. Section 7(4) A tea grower wishing to change the factory where they deliver green leaf shall inform their respective factory by giving a minimum of a one months' notice or in accordance with the notification period specified in the Green Leaf Agreement. Section 7(5) Where an objection is made to the notice issued under subregulation (4), the matter shall be resolved in the manner set out in the Green Leaf Agreement. Section 7(6) A factory that receives a notice from a tea grower shall within one month of the receipt of the notice release the grower subject to the grower...

Section 8. Green Leaf Agreement Section 8(1) A tea factory limited company shall sign a Green Leaf Agreement with their registered tea growers as provided in Form AFA\TD\C set out in the First Schedule. Section 8(2) The parties to the Green Leaf Agreement under subregulation (1) may include such additional terms and conditions as they may deem fit.

Section 9. Tea manufacturing licence Section 9(1) A person who intends to manufacture tea or renew a tea manufacturing licence, as the case may be, shall apply to the Authority in Form AFA\TD\D I set out in the First Schedule and pay the fee set out in the Second Schedule. Section 9(2) The Authority shall after consultation with the county executive committee member issue a manufacturing licence to the applicant in Form AFA\TD\D2 set out in First Schedule. Section 9(3) A person who intends to manufacture high value specialty teas or renew their cottage tea manufacturing licence shall apply to the Authority in Form AFA\TD\El set out in the First Schedule. Section 9(4)(a) furnish the Authority with a feasibility study of the proposed cottage tea manufacturing factory. Section 9(4)(b) furnish the Authority with a certified copy of the growers' register. Section 9(4)(c) demonstrate adequate financial capacity to construct the cottage tea factory and commence operations. Section 9(4)(d) Where a cottage tea manufacturing factory intends to use wood as a source of energy, the applicant shall furnish the Authority with a wood fuel sustainability plan equivalent to the ratio of 4:1 tea plan...

Section 10. Boards of Smallholder Tea Factories Section 10(1) The board of directors for smallholder tea factory limited companies shall be elected through a democratic system of one man one vote. Section 10(2) The Board membership for smallholder tea factory limited companies shall be a maximum of three (3) members. Provided that persons serving as directors of smallholder tea factory limited companies before the commencement of these regulations shall continue to serve for the remainder of their term. Section 10(3) The tenure of the board members for smallholder tea factory limited companies shall be for a maximum of two terms of three years each. Section 10(4) Smallholder tea factories limited companies shall put in place measures to ensure that not more than two thirds of the board members elected are of the same gender.

Section 11. Illegal manufacture Section 11(1) A person shall not manufacture or process tea except in accordance with a licence issued under the Act or these Regulations. Section 11(2) A person who manufactures or processes tea for sale without a licence commits an offence. Section 11(3) A person who buys, sells, offers for sale, transports or has possession of green leaf which to the person's knowledge or belief is from a non-registered grower or a person who does not cultivate tea commits an offence. Section 11(4) A person who contravenes the provisions of this regulations and shall be liable on conviction to the penalty prescribed under section 19 of the Crops Act (Cap. 318).

Section 12. Annual and Monthly Production Statistical Returns Section 12(1)(a) not later than the fifteenth day of January of every year, complete and submit to the Authority with a copy to the respective county government, an Annual Statistical Return in Form AFA\TD\ Fl set out in the First Schedule; Section 12(1)(b) not later than the fourteenth day of each month, complete and submit to the Authority and a copy to the respective county government a Monthly Production Statistical Returns in Form AFA\TD\F2 set out in the First Schedule. Section 12(2) A person who contravenes the provisions of this regulation commits an offence.

Section 13. Registration of warehouse Section 13(1) A person who intends to carry out the business of tea warehousing shall apply to the Authority for registration of the warehouse premises or renewal of the registration certificate in Form AFA\TD\G1 set out in the First Schedule and pay the fee set out in the Second Schedule. Section 13(2) The Authority shall issue the applicant a registration certificate for the tea warehouse in Form AFA\TD\G2 as set out in the First Schedule. Section 13(3) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalties prescribed under section 16 of the Act.

Section 14. Registration of a tea packer Section 14(1) A person who intends to carry out the business of tea packing shall apply to the Authority for registration or renew their certificate in Form AFA\TD\H1 set out in the First Schedule and pay the fee set out in the Second Schedule. Section 14(2) The Authority shall issue a registration certificate to a tea packer in Form AFA\TD\H2 set out in the First Schedule. Section 14(3) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalties prescribed under section 16 of the Act.

Section 15. Monthly return for a Tea Packer Section 15(1) Every tea packer shall, not later than the fourteenth day of each month, complete and submit to the Authority with a copy to the respective the county government Monthly Statistical Returns in Form AFA\TD\H3 set out in the First Schedule. Section 15(2) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding twenty thousand shillings or to imprisonment to a period not exceeding six months or to both.

Section 16. Registration of a tea buyer or exporter Section 16(1) A person who intends to carry on the business of tea buying or exporting shall apply to the Authority for registration or renewal of their registration in Form AFA \TD\J1 set out in the First Schedule and pay the fee set out in the Second Schedule. Section 16(2) All tea buyers/exporters shall value add at least forty percent (40%) of their annual Kenya tea exports. Section 16(3) Provided that all persons registered as tea buyers/exporters before the coming into operation of these Regulations shall comply with regulation 16 (2) within 8 years from the date of commencement of these regulations. Section 16(4) Notwithstanding the provisions of sub regulation 16(2) & (3) above, all persons registered as tea buyers/exporters after the coming into effect of these regulations shall value add at least 10% of their annual Kenyan tea exports annually while persons registered as buyers/exporters before the coming into effect of these regulations shall value add at least 5% of their annual Kenyan tea exports annually to gradually comply with the requirements of sub regulation (2) and (3). Section 16(5) All persons registered as t...

Section 17. Registration of a Tea Broker Section 17(1) A person who intends to carry on the business of tea brokerage shall apply for registration to the Authority or renew their registration in Form AFA\TD\K1 set out in the First Schedule and pay the fee set out in the Second Schedule. Section 17(2) The Authority shall issue a registration certificate to a tea broker in Form AFA\TD\K2 as set out in the First Schedule. Section 17(3) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalty prescribed under Section 37 of the Act.

Section 18. Considerations before registration and licensing and renewal Section 18(1)(a) the applicant has complied with the provisions of the Act, these Regulations and any other relevant law; and Section 18(1)(b) the applicant or the directors of the company are fit and proper for the function for which they seek a licence or registration. Section 18(2)(a) whether they have taken part in any business practice in the tea value chain that in the opinion of the Authority was fraudulent, prejudicial or otherwise improper; or which otherwise discredited their method of doing business; and Section 18(2)(b) whether they have been directors of a company or entity whose licence or registration certificate has previously been revoked or suspended by the Authority for any cause. Section 18(3) In determining whether a person or director is fit and proper, the Authority shall have due regard to the provisions of the Fair Administrative Action Act (Cap. 7L), the Companies Act (Cap. 486) and any other relevant law.

Section 19. Monthly return for buyer, exporter, importer, broker and warehouse Section 19(1) Every tea buyer, exporter, importer and broker shall, not later than the fourteenth day of each month, complete and submit to the Authority a return in Form AFA\TD\L set out in the First Schedule. Section 19(2) The return submitted under subregulation (1) above shall include details of the teas bought in the previous month and the source and destination of such tea. Section 19(3) Every warehouseman shall, not later than the fifteenth day of January of every year, complete and submit to the Authority an Annual Statistical Return in Form AFA\TD\ M set out in the First Schedule. Section 19(4) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding twenty thousand shillings or to imprisonment to a period not exceeding six months or to both.

Section 20. Cancellation of a Licence or Registration Section 20(1) A person who applies to be registered as a tea buyer, exporter, importer, broker, packer or auction organizer shall commence operations within one year from the date of issuance of a registration certificate. Section 20(2) A registration certificate issued to tea buyer, exporter, importer, broker, packer or auction organizer shall lapse if the holder of the registration certificate does not commence operations within one year from the date of issuance. Section 20(3)(a) fails to comply with the provisions of the Act and these Regulations; Section 20(3)(b) breaches or fails to comply with the terms and conditions of the licence; Section 20(3)(c) fails to comply with a lawful requirement or demand given by the Authority; or Section 20(3)(d) commits an offence under the Act or in respect of the licensed or registered activity under any other law. Section 20(4) Before the Authority cancels, suspends or varies a licence or registration certificate, it shall give the person to be affected by such action an opportunity to be heard. Section 20(5) A person who is aggrieved by the decision of the Authority in respect of a gra...

Section 21. Registration or a management agent Section 21(1) A person who intends to carry on the business of a Management agent shall apply to the Authority for registration or renewal of their registration in Form AFA\TD\N1 set out in the First Schedule. Section 21(2) The Authority shall issue a registration certificate to a management agent in Form AFA\TD\N2 as set out in the First Schedule. Section 21(3) Every management agent shall submit annual returns to the Authority and a copy to the respective county government in Form AFA\TD\N3 set out in the First Schedule. Section 21(4) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalty prescribed under section 37 of the Act.

Section 22. Management Agent Agreement Section 22(1) A person who intends to manufacture or deal in tea may engage the services of a management agent upon such terms and conditions as may be agreed in the management agreement between them. Section 22(2) A management agent shall sign a management agreement or contract with each tea factory limited company that they intend to offer management agent services to. Section 22(3) Provided that a management agent agreement between a smallholder tea factory limited company and the management agent shall be for a period not exceeding five (5) years and the remuneration for services rendered by the management agent shall not exceed one point five percent (1.5%) of the net sales value of the tea sold at the auction per year. Section 22(4) Notwithstanding the provisions of subregulation (3) above staff costs for personnel seconded to the smallholder tea factory limited company by the management agent shall be borne by the management agent and not directly by the respective factory. Section 22(5) Company Secretary Service shall be excluded from services to be offered by a management agent to a smallholder tea factory limited company. For avoidan...

Section 23. Application for registration as an auction organizer Section 23(1) A person who intends to carry on the business of a tea auction organizer shall apply for registration to the Authority or renew their registration in Form AFA\TD\P set out in the First Schedule. Section 23(2) The Authority shall issue a certificate of registration to or renew a certificate of registration of a Tea Auction Organizer in Form AFA\TD\Q set out in the First Schedule. Section 23(3) All registered tea auction organizers shall establish an electronic trading platform for auction of tea. Section 23(4) Notwithstanding the requirement of sub regulation (3) above, any tea auction organizer existing before coming into operation of these regulations shall establish an electronic trading platform for the auction of teas within a period of two (2) months from the date of commencement of these regulations

Section 24. Auction Operations Section 24(1) All teas processed and manufactured in Kenya for the export market with the exception of orthodox and purple teas shall, within two (2) months from the commencement date of these regulation, be offered for sale exclusively at the tea auction floor. Section 24(2) Any tea not sold at the auction shall be re-listed for sale during a subsequent auction. Section 24(3) All buyers at the auction shall prior to the auction submit to the Authority a performance bond equivalent to 10% of the estimated value of the tea or teas they intend to buy at the auction in the form of a bank guarantee from a licensed commercial bank within the meaning of the Banking Act in Kenya. Section 24(4) The estimated value of tea or teas referred to in subregulation (3) shall be based on a three (3) month weighted average value of tea or teas the buyer has bid and won at the auction over a three-month period preceding the auction. Section 24(5) For avoidance of doubt, a buyer who fails or refuses to pay in full and collect the teas they have bid and won at the auction shall forfeit the 10% performance bond. Section 24(6) The monies accruing from a performance bond und...

Section 25. Approval of trading rules and regulations Section 25(1) Auction trading rules and regulations shall be submitted to the Cabinet Secretary for approval before application. Section 25(2) Any changes to the trading rules and regulations of the auction organizer made within the course of the year shall be submitted to the Cabinet Secretary for approval. Section 25(3) The Cabinet Secretary shall, before approving the trading rules and regulations, satisfy himself that they are in compliance with the provisions of the Crops Acts (Cap. 318), the Competition Act (Cap. 504) and any other relevant written law. Section 25(4)(a) the carrying on of the tea auction generally and details of trading clearing and settlement systems proposed to be used by the auction organizer; Section 25(4)(b) mechanisms put in place to prevent market abuse practices; Section 25(4)(c) reasonable access to all registered members to participate at the auction; Section 25(4)(d) mechanisms for effectively investigating breaches of the trading rules, enforcing the trading rules and providing for appeals; Section 25(4)(e) reporting procedures to the Authority whenever it rejects any application for membership...

Section 26. Additional information Section The Authority or the County Government as the case may be, may require an applicant for a licence or registration certificate specified under these Regulations, to provide any additional information that it considers necessary to determine the application.

Section 27. Register and publication of names and particulars Section The Authority shall maintain a register of all persons registered and licensed under these Regulations and may publish the register in such manner as it may determine.

Section 28. Fees and charges Section 28(1) The fees to be charged for a licence, registration certificate or renewal issued under these Regulations shall be as set out in the Second Schedule. Section 28(2) All tea brokers, tea auction organizers and management agents shall notify the Authority of fees and commissions charged for services rendered annually during application of renewal of registration. Section 28(3)(a) Zero point two percent (0.2%) shall be borne by the tea factory limited company. Section 28(3)(b) Zero point five five percent (0.55%) shall be borne by the buyer/exporter. Section 28(4) The Authority shall collate the information on fees and commissions charged notified to them under regulation (2) above and share the information with the relevant county governments annually.

Section 29. Tea export declaration Section 29(1) An exporter shall declare all their tea exports with the Authority before export in Form AFA\TD\S set out in the First Schedule. Section 29(2) An exporter shall ensure that all teas designated for export conform to Kenyan Standards on quality, food safety and hygiene, sanitary and phytosanitary regulations and maintain the relevant documents for inspection by the Authority. Section 29(3) The Authority may inspect any tea destined for exports for purposes of ascertaining whether the provisions of the Act, these Regulations or the terms and conditions of the respective licence or registration are being complied with. Section 29(4) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalty prescribed under section 37 of the Act.

Section 30. Transit tea Section 30(1) An exporter or importer shall comply with the relevant customs laws and regulations on transit-shipment of goods in handling transit teas and maintain the relevant documents for inspection by the Authority. Section 30(2) Any person who exports or imports tea in contravention of these Regulations commits an offence and shall be liable upon conviction to the penalty prescribed under section 37 of the Act.

Section 31. Registration of a tea importer Section 31(1) A person who intends to carry on the business of importing tea shall apply to the Authority for registration or renew their registration in Form AFA\TD\ T set out in the First Schedule upon payment of the fee set out in the Second Schedule. Section 31(2) The Authority shall issue a registration certificate to a tea importer in Form AFA\TD\U as set out in the First Schedule.

Section 32. Tea Imports Section 32(1) A person who intends to import tea into Kenya shall apply for pre-import approval to the Authority in Form AFA\TD\V1 as set out in the First Schedule. Section 32(2)(a) provide evidence that the teas they intend to import are not available in the local market or at the tea auction; Section 32(2)(b) provide a sample of the teas to be imported and pre-import verification certificate from the country of origin; and Section 32(2)(c) obtain pre-import approval from the Authority. Section 32(3)(a) a certificate of origin; Section 32(3)(b) a sanitary and phytosanitary certificate; and Section 32(3)(c) a certificate of analysis on pesticide residues issued by a competent authority from the country of origin. Section 32(4) An importer shall not import tea into Kenya without a valid certificate of conformity to Kenya Tea Standards from an accredited institution from the country of origin. Section 32(5) The Authority shall verify pre-import documentation on tea intended for importation and issue a pre-import approval in the manner prescribed in Form AFA\TD\V2 in the First Schedule. Section 32(6) An importer shall upon obtaining pre-import approval declare...

Section 33. Declaration of export and import consignments Section 33(1) Every tea exporter or importer shall declare information on all export and import consignments to the Authority in Form AFA/TD/X or AFA/TD/W set out in the First Schedule. Section 33(2) A tea exporter or importer who provides false information under these Regulations commits an offence and shall be liable upon conviction to the penalty prescribed under Section 37 of the Crops Act (Cap. 318).

Section 34. Release order Section 34(1) The Authority shall verify customs documentation on Release order, exports or imports of any tea consignment and issue an import or export release Order in Form AFA\TD\Y as set out in the First Schedule. Section 34(2) The Authority shall not issue a release order if an exporter or importer is in contravention of the provisions of the Act or any Regulations made thereunder. Section 34(3) The Authority may cancel the export or import release or approval order if an exporter or importer contravenes the provisions of the Act or any Regulations made there under.

Section 35. Appointment of Crop Inspectors Section 35(1) The Authority shall appoint crop inspectors to carry out inspection of all tea to check for conformity with these Regulations and other relevant regional and international standards. Section 35(2)(a) is a Kenyan citizen; Section 35(2)(b) meets the requirements of Article 10 and Chapter 6 of the Constitution; and Section 35(2)(c) a diploma in agriculture, food science, marketing or related fields with professional training on audits, inspections or related fields from a recognized Institution and a minimum of five years of relevant experience; or Section 35(2)(c)(i) a diploma in agriculture, food science, marketing or related fields with professional training on audits, inspections or related fields from a recognized Institution and a minimum of five years of relevant experience; or Section 35(2)(c)(ii) a bachelor's degree holder in agriculture, food science, commerce, economic, marketing or related fields with professional training on audits, inspections or related fields from a recognized institution and a minimum of three years' relevant experience. Section 35(3) In the exercise of the powers of entry and inspection, crop i...

Section 36. Tea Standards Section 36(1) All persons dealing in tea shall comply with the national, relevant regional and international Standards. Section 36(2) All green leaf transporters, tea dealers, manufacturers, or importers shall comply with national tea standards and the Tea Industry Code of Practice KS: 2128. Section 36(3) A tea factory limited company shall construct suitable and clearly designated green leaf collection centres and shall ensure that the centres comply with Tea Industry Code of Practice KS: 2128, the Public Health Act and any other relevant law. Section 36(4) A tea factory limited company shall construct its green leaf collection centre at least 250 metres away from the green tea leaf collection or buying centre of another tea factory. Section 36(5) Every tea factory company limited shall collect green leaf green leaf from its designated green leaf collection centres only. Section 36(6) The relevant County Government shall carry out inspections on tea buying or collection centres to monitor compliance with the set national tea standards, relevant regional and international standards, the Crops Act, these regulations and any other relevant laws. Section 36(7...

Section 37. Prohibition of Import and export of tea seed or plants Section 37(1) A person shall not import or export any tea seed, or any living tea plants, or any living parts of tea plants which are capable of use for the propagation of tea, without authorization by the Authority. Section 37(2) A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalty prescribed under section 37 of the Act.

Section 38. Declaration of blended teas Section 38(1) A person who blends any or various grades of tea produced in Kenya with any other tea produced outside Kenya shall declare the percentage of Kenyan tea on the packaging and on the blend sheet. Section 38(2) A person who contravenes this regulation commits an offence and shall be liable upon conviction to the penalties prescribed under section 37 of the Act.

Section 39. Imposition of fees by the county governments Section A County Government shall not impose any fees on tea contrary to section 17 (3) of the Act.

Section 40. Transferability of licence or registration certificate Section A licence or registration certificate issued by the Authority or the County Government under these Regulations shall not be transferable to third parties.

Section 41. Validity of licences and registration certificates and late application Section 41(1) All licences and registration certificates issued under these Regulations shall expire on the thirtieth day of June of each year. Section 41(2) An application for a renewal of a licence or registration certificate shall be made at least one month prior to the expiry of such licence or registration certificate: Provided that, where an application for a renewal of a licence or registration is made, the licence or registration shall be deemed to continue in force until the application for renewal is determined. Section 41(3) The Authority may consider late application for renewal upon an applicant giving reasonable cause for the delay and upon approval for such application, the applicant shall pay a late application fee of 50% of the fees payable.

Section 42. Revocation of licenses and certificate of registration Section fails to comply with these regulations or the conditions set out in the certificate of registration; or

Section 43. No compensation for revocation, variation or suspension of licence or registration Section Where a licence or registration is revoked, varied or suspended under these Regulations, the holder of the licence or registration certificate shall not be entitled to claim from the Authority or Government for any compensation or any damages occurring as a result of such revocation, variation or suspension.

Section 44. Appeal process for denial or refusal of registration or licensing Section 44(1) An applicant for registration or a license who is aggrieved by the decision of the Authority in respect of the grant, refusal of renewal, variation or revocation or the conditions imposed thereof may appeal to the Cabinet Secretary for review of the decision of the Authority. Section 44(2) The appeal shall be in writing and be delivered to the cabinet secretary within 30 days from the date of notification of the decision by the Authority. Section 44(3) The Cabinet Secretary shall consider the appeal and give a written feedback to the affected party within 45 days of receipt.

Section 45. Dispute Resolution between growers and other crop dealers Section 45(1) An agreement to refer a dispute between a grower and a tea dealer for arbitration under this regulation may be in the form of an arbitration clause in a contract or in the form of a separate agreement. Section 45(2) A dispute arising between a grower and other tea dealers may be notified in writing presented by the aggrieved party or their advocate to an arbitrator and shall have attached thereto copies of the relevant documents relating to the dispute. Section 45(3) The aggrieved parties are free to agree on the procedure to be followed by the arbitrator in the conduct of the proceedings. Section 45(4) Failing an agreement under subregulation (3) the arbitrator may conduct the arbitration in the manner they consider appropriate, having regard to the desirability of avoiding unnecessary delay or expense while at the same time affording the parties a fair and reasonable opportunity to present their cases.

Section 46. Modification of the forms Section The licensing authority may make such modifications, alterations or additions on the prescribed forms as may be required from time to time to enable effective use including the use of such forms electronically.

Section 47. General penalty Section A person who commits an offence under these Regulations, for which no penalty is prescribed shall be liable upon conviction, to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both in accordance with section 37 of the Act.

Section 50. Transitional Provisions Section All licences and registrations existing before the coming into operation of these Regulations shall remain valid until their expiry, and subsequent licences and registrations shall be issued under these Regulations.