ADVOKS GLOBAL · KENYA
Kenyan legislation
Dairy Industry (Imports and Exports) Regulations, 2004
Edition: 2022-12-31 · Repealed
Browse sections
1. Citation
These Regulations may be cited as the Dairy Industry (Imports and Exports) Regulations.2. Permit required for import and export
(1)No person shall import or export dairy produce without or permit issued by the Board.(2)A permit shall be required for each consignment imported or exported.3. Application for a permit
(1)An application for the issue of an import permit shall be in Form 1 in the Second Schedule.(2)An application for the issue of an export permit shall be in Form 2 in the second Schedule.(3)The applicant shall give to the Board such information and particulars as the Board may require.4. Form of permit
(1)An import permit shall be in Form 3 in the second Schedule.(2)An export permit shall be in Form 4 in the Second Schedule.5. Fees
The fees set out in the First Schedule are prescribed as fees to be paid to the Board.6. Conditions for issuance of permit
(1)The Board shall, before issuing the permit, take into account the interests of other producers and consumers.(2)An import permit shall not be issued unless the applicant obtains a no objection certificate from the veterinary department (which is the final authority on animal diseases) before a permit is issued.(3)An export permit shall not be issued unless the applicant obtains a veterinary approval that the milk to be exported is fit and that it meets the health requirements of the importing country.7. Clearance certificate
An importer, having met all the necessary requirements, shall be issued with a clearance certificate by the Board, in form 5 in the Second Schedule, at the port of entry or port of discharge.8. Statement of particulars of diary produce
Any person who imports dairy produce shall, within seven days of a written notice issued by or under the authority of the Board, deliver to the Board a statement in writing giving such information and particulars in relation to any daily produce as may be required by the notice, and in particular and without prejudice to the generality of the foregoing, give information and particulars in relation to–(a)the quantities of imported dairy produce held in stock previous to the notice or any other period as may be required by the Board, stating whether the dairy produce is held in bond or otherwise, and the date of such importation;(b)the quantities of the daily produce for which import orders have been placed, the anticipated date or dates of arrival in Kenya and the source of supply;(c)The intended destination of imported dairy produce and the names and addresses of the intended distributors, wholesalers or retailers thereof.9. Disclosure to inspector
A person suspected to have imported dairy produce may be required to disclose to an inspector of the Board of any other authorized person, the source or source of supply of the dairy produce and the dates of delivery and shall make that disclosure, if so required, in writing.10. Penalty
Any person who-(a)contravenes regulation 3;(b)fails to comply with a notice issued under regulation 9;(c)supplies any information or particulars required to be made or disclosed under these regulations which is or are in any respect incorrect, inaccurate or misleading; or(d)fails to comply with any requirement of an inspector of the Board or any other person authorized by the Board under regulation 10;is guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both.