The Coffee (General) Regulations
2. Interpretation
2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Crops Act (Cap. 318);"agent” means a person appointed by a grower to carry out any functions licensed under these regulations on behalf of the grower;"auction" means the system under which coffee is offered for sale at the Nairobi Coffee Exchange;"Authority" means the Agriculture and Food Authority established under Section 3 of the Agriculture and Food Authority Act (Cap. 317);“Board” means the Board of the Authority established under section 5 of the Agriculture and Food Authority Act (Cap. 317);"Cabinet Secretary” means the Cabinet Secretary for the time being responsible for agriculture;"certified coffees" means coffees produced under tenets of a recognized certification scheme bearing a certification mark;"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 association” means a registered group comprised of coffee growers, either in co-operative societies or estates, coffee unions, coffee millers, traders, roasters, or companies, which has been registered by the Authority and given a registration certificate for purposes of these Regulations;“coffee branding" means the identification of coffee by defined characteristics, a specific name or origin;“coffee business" includes operating a coffee nursery, pulping, milling, warehousing, marketing, trading, roasting and packaging coffee;“coffee certification" means a system that distinguishes a coffee product as being sustainably grown on the basis of economic viability, environmental conservation, social responsibility and ensures traceability;“Coffee Directorate” means the directorate established in respect of coffee pursuant to section 11(4) of the Agriculture and Food Authority Act (Cap. 317);“coffee estate” means any area of land or group of parcels of land not being less than two acres in size in aggregate under the same ownership on which coffee is grown, or land which has an average production of not less than twenty thousand kilogrammes of cherry per year over a period of three years;“coffee miller” means a person licensed by the Authority in consultation with the respective county government to conduct the business of coffee milling;“coffee milling” means mechanical hulling or de-husking of parchment or buni coffee and includes the polishing and grading of the clean coffee;“coffee sales proceeds” means monetary consideration received in exchange for coffee purchased at the auction or through direct sales;“coffee roaster” means the holder of a roaster's license;“coffee standards” means the Kenya Coffee Standards issued by the Kenya Bureau of Standards;“coffee trader” means a person licensed to buy coffee at the Exchange or to import coffee;“coffee warrant” means an instrument prepared by the Exchange 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;“coffee year” means a period of twelve months beginning on the 1st October of one year and ending on the 30th September of the following year;“collateral manager” means an institution appointed by the Authority to take custody of coffee at a licensed warehouse;“co-operative society” means a co-operative society registered under the Co-operative Societies Act;“county government” shall have the meaning assigned to it under Article 176 of the Constitution of Kenya;“dealing in coffee” means dealing with the crop within the meaning of the Act;“direct sale” means a contractual arrangement between a grower and a buyer for the sale of clean coffee based on mutually accepted terms and conditions enforceable in law based on the indicative price as recommended by the Pricing Committee;“Exchange” means the Nairobi Coffee Exchange or any other Exchange licensed by the Capital Markets Authority;“grower” means any person who cultivates coffee in Kenya and is registered with the County Government and the Authority;“grower miller” means a grower who mills parchment or buni from own holding and includes a co-operative society or union which mills its members' coffee;“inspector” means an inspector appointed by the Authority and includes a county agricultural officer designated by the Authority by notice in the Gazette;“licensee" means a person licensed by the Authority;“licensing authority" shall have the meaning assigned to it under the Act;“manufacturing” means processing coffee by pulping, milling and roasting;”out-turn number” means an identifying number issued by a miller in respect of coffee delivered to a mill;“out-turn milling statement” means a statement prepared by a miller after the completion of the milling process;“private miller” means a person who mills parchment or buni coffee from his or its own coffee estate;“primary processing” means the process of removal of coffee pulp from cherry, fermentation, washing and drying to the standard moisture content to obtain parchment;“prompt date” means a date specified in the sales catalogue, not being more than seven calendar days from the date of the sale, for the receipt of coffee sales proceeds by a broker from the trader;“pulping station” means a coffee factory or place where coffee cherry is processed into parchment coffee;“respective county government” means the government of the county within which the land where activities to which these regulations apply is situated;“sales catalogue” means a standard document prescribed by the Authority and prepared by a miller for sale of clean coffee at the Exchange;“settlement account” means an account by a grower in the central depository system operated by the Exchange into which all coffee sales proceeds are paid;“sweepings” means the balance of coffee samples in the sample room not distributed as samples to the traders and spillages collected from millers' milling activities which are handed over to the brokers for sale, provided that the proceeds accruing shall be paid to growers on pro-rata basis;“trading floor” means the physical space and all the facilities including; equipment, records and assets provided by or belonging to or in the use of the Exchange,'“warehouse” means a storage facility licensed by the Authority for the storage of coffee, and which is specifically designed to guarantee the quality and safety of the coffee;“warehouseman” means any person who owns, leases or is in charge of a warehouse where coffee is handled and stored for reward or profit;“warehousing receipt” means a certificate issued by a licensed coffee warehouseman in respect of coffee stored in a licensed warehouse for purposes of collateral.Source: Kenya Law