Coffee Act
2. Interpretation
2. Interpretation
In this Act—“agent” means a person registered by the Board who may be appointed by a grower for purposes of facilitation of overseas direct sales with regard to logistics;“association” means a registered group comprised of smallholder growers, co-operative societies, societies, estates, unions, millers, buyers, roasters or brokers, licensed by a relevant licensing authority;“auction” means the auction system under which clean coffee is offered for sale at a coffee exchange and includes the place at which, or a facility by means of which, whether electronic or otherwise, offers or invitations to sell, buy or exchange coffee contracts are regularly made on a centralized basis, but does not include—(a)the office or facilities of a coffee buyer or service provider; or(b)the office or facilities of a clearing house;“Authority” means Capital Markets Authority established under the Capital Markets Act (Cap. 485A);“Board” means the Coffee Board of Kenya established under section 4;“broker” means a person cleared by the exchange and licensed by the Capital Markets Authority, appointed by a grower or an association of growers in accordance with the Capital Markets Act (Cap. 485A), to offer their coffee on their behalf through the Exchange;"buni" means coffee dried in the fruit or cherry but does not include hulled buni, also referred to as clean coffee, heavy buni or light buni;“buyer” means a person or entity licensed by the Board to buy clean coffee at an exchange from a co-operative society, registered grower, coffee union, grower-miller or coffee estate for export, local sale, value addition or import clean coffee for secondary processing in Kenya;“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to agriculture;“clean coffee” means coffee bean or dried seed of the coffee plant separated from non-food tissues of the coffee fruit where the silver skin is reduced to the maximum possible extent;“clearing house” means an entity approved by the Authority, and recognized as a clearing institution on behalf of a coffee exchange, providing the services of clearing and settlement of transactions and guaranteeing settlement on behalf of an exchange;"coffee” means the plant botanically known as coffea species (L.) and includes the fruit, whether on the plant or detached therefrom, the seed in form of either buni, parchment coffee, clean coffee, roasted beans or ground coffee;“coffee dealer” means a person registered by the Board, a county government or the Authority to deal in coffee as provided under this Act;“coffee grower” means a person who cultivates coffee in Kenya, and may for purposes of licensing, include a co-operative society, coffee union, association and estate;“coffee milling” means mechanical hulling or de-husking of coffee and includes grading of clean coffee;“coffee product” means any product, extract or substance obtained or derived from coffee by any treatment or process;“coffee sales proceeds” means monetary consideration received at the direct settlement system in exchange for clean coffee sold at an exchange or, where applicable, through direct sales;“coffee standards” means the Kenya Coffee Standards issued by the Kenya Bureau of Standards;“coffee warrant” means an instrument prepared by the warehouseman of which the person named therein, or the last endorsee thereof, shall for all purposes be deemed to be the owner of the coffee to which it relates;"co-operative society" means a co-operative society registered under the Co-operative Societies Act,;“Council” means the Council of the Institute as provided for under section 42;“direct sale” means a contractual arrangement between a registered grower, coffee co-operative society, society, coffee union, grower-miller or coffee estate and an overseas buyer for the sale of own clean coffee based on mutually accepted terms and conditions enforceable in law and includes settlement of coffee sales proceeds through the Central settlement system on boarded by a coffee exchange;“Central settlement system” means a banking facility provided by commercial banks regulated by the Central Bank of Kenya for clearing and settlement of coffee sales proceeds;“estate” means an area of land or group of parcels of land under coffee not being less than five acres in size in aggregate or land under coffee which has been issued with a pulping station licence;“exchange” means a company incorporated under the Companies Act (Cap. 486) and licensed by the Capital Markets Authority as an exchange for trading in clean coffee;“Institute” means the Coffee Research and Training Institute established under section 39;“licensing authority” means the Board, the county government or the Capital Markets Authority as the case may be;“liquoring” means analysis of clean coffee to determine the attributes and quality of coffee for purposes of trade;“miller” means a person who is involved in the process of de-husking and possible grading of coffee and includes grading of clean coffee”;“out-turn number” means an identifying number issued by a miller in respect of coffee delivered to a mill for purposes of traceability;“primary processing” means the process of removal of coffee pulp from cherry, fermentation, washing and drying to the coffee standard moisture content to obtain parchment;“prompt date” means a date specified in the sales catalogue, not being more than five working days from the date of the sale, for the payment of coffee sales proceeds by a buyer or a roaster;“pulping station” means a specified place where primary coffee processing is undertaken;“roaster” means a person who is in the business or process of turning green coffee into usable coffee products;“sales catalogue” means a standard document prepared by a grower or a broker appointed by a grower, in consultation with an exchange, for sale of clean coffee at an exchange;“secondary processing” means parchment and buni de-husking, polishing, grading and may include grinding, and packaging of clean coffee beans;“small holder” means a grower cultivating coffee in a small parcel of land or in small parcels of land who does own pulping station;“sweepings” means the balance of coffee samples in an exchange sample room and spillages collected from millers’ milling activities for sale at an exchange, the proceeds of which are paid to the respective growers on pro-rata basis;“warehouse” means a facility registered by the Board and licensed by a county government for the storage of coffee, and which is specifically designed to guarantee the quality and safety of the coffee;“warehouse operator” means any person registered and licensed by the Board who owns, leases or is in charge of a warehouse where coffee is handled and stored for reward or profit.Source: Kenya Law