Kenyan legislation

The Crops (Bixa) Regulations

Edition: 2025-08-28 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Crops (Bixa) Regulations, 2025.

2. Interpretation

In these Regulations, unless the context otherwise requires—"agent" means a person who is licensed under these Regulations to buy, collect and transport bixa from growers and sell to a licensed bixa processor;"Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 317);"bixa" means the plant that is botanically known as Bixa orellana or part of the plant, part of any inter-specific hybrid involving this species or part of any progeny of such hybrid and includes bixa seeds;"bixa product" means any extract or substance obtained or derived from bixa by any treatment or processing and includes bixin and norbixin;"commercial nursery operator" means a person who propagates bixa planting material for sale;"Committee" means the bixa Pricing Formula Committee established under regulation 25;"County Executive Committee Member" means the member of the County Executive Committee responsible for matters relating to agriculture;"crops inspector" means a person appointed as an inspector in accordance with regulation 23;"dealer" includes an agent, processor, exporter or importer of bixa;"Directorate" means a directorate of the Authority established pursuant to section 11 of the Agriculture and Food Authority Act to deal with matters relating to bixa;"export" means to take or cause bixa or bixa products to be taken out of the Kenya customs territory or to an export processing zone;"export consignment" means the quantity of bixa that an exporter intends to export as declared by the applicant of an export permit;"export permit" means authorization granted by the Authority to take bixa or bixa products out of the Kenya customs territory or to an export processing zone;"financial year" means the period of twelve months ending on the thirtieth of June in every year."grower" means a person who cultivates bixa;"growers association" means a group of bixa growers who come together for purposes of marketing their produce under a common quality management system and are registered by the Authority;"import consignment" means the quantity of bixa declared for import;"import permit" means authorization granted by the Authority to bring bixa or bixa products into the country;"Kenya Plant Health Inspectorate Service" means the Kenya Plant Health Inspectorate Service established under section 3 of the Kenya Plant Health Inspectorate Service Act (Cap. 349);"mother block" means an established area for bixa plants that is known to be free from diseases and true to type and is used as a source of stock for propagation for the purpose of obtaining clean grafting or budding material;"processor" means a person who extracts bixin or other products from bixa;"smallholder bixa grower" means a grower who grows less than fifty bixa trees.

3. Objects of the Regulations

The objects of these Regulations are to—

(a)safeguard the quality and safety standards of bixa and bixa products;

(b)enhance productivity and income of bixa growers and other value chain actors;

(c)enhance the growth and development of the bixa sub-sector; and

(d)attract investment opportunities and improve the efficiency of agribusiness services in the bixa industry.

Part II – REGISTRATION, LICENSING AND ISSUANCE OF PERMITS

4. Registration of growers' associations

(1)Smallholder Bixa growers may, for purposes of accessing economies of scale, form a growers' association and apply to the Authority for registration of the association.

(2)An application for registration under subsection (1) shall be made, at no fee, to the Authority in Form Bx 1 set out in the First Schedule.

(3)The Authority shall, within fourteen days of receipt of the application—

(a)issue to a successful applicant a certificate of registration in Form Bx2 set out in the First Schedule, if satisfied that the information or documents required in the application form have been provided and are accurate; or

(b)reject the application if the applicant does not provide accurate information or documents required in the application form and communicate its decision to the applicant in writing, giving reasons for the rejection.

(4)Where the reasons for the rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration.

(5)A registered 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.

5. Registration of bixa dealers

(1)A person shall not carry on business as a bixa dealer unless the person is registered as such by the Authority and has been issued with a certificate of registration by the Authority.

(2)A person who intends to deal in bixa shall apply to the Authority for registration in Form Bx3 set out in the First Schedule.

(3)The Authority shall, within fourteen days of receipt of the application—

(a)issue to a successful applicant a certificate of registration in Form Bx4 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or

(4)Where the reasons for rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration.

(5)The Authority shall share with each county government the list of all registered dealers in that county.

(6)A person who contravenes paragraph (1) commits an offence and shall be liable upon conviction to the penalty provided in section 16(4) of the Act.

6. Licensing of commercial bixa nursery operators

(1)A person shall not establish or operate a commercial bixa nursery unless the person holds a valid licence issued by the respective county government.

(2)A person who seeks to establish or operate a commercial bixa nursery shall apply to the respective county government for a licence in Form Bx5 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)A County Executive Committee Member shall not issue a licence unless an inspector has visited and inspected the site and has confirmed that the applicant complies with the following requirements—

(a)the land is suitable for propagating bixa seedlings;

(b)the site is well served with a reliable irrigation quality water;

(c)the site is accessible for inspections and collection of planting material; and

(d)the land is gently sloping and the soil type is of good drainage and does not allow water logging.

(4)A County Executive Committee Member shall—

(a)if satisfied that the applicant meets the requirements in paragraph (3), issue a licence to the applicant in Form Bx6 set out in the First Schedule; or

(b)if the applicant does not meet the requirements in paragraph (3), reject the application and notify the applicant in writing of the decision, giving reasons for the rejection.

(5)Where the requirements in paragraph (3) have been met, the applicant whose application is rejected under paragraph (4) may resubmit the application to the respective county government for consideration.

(6)A licence for a commercial bixa nursery operator shall not be transferrable and shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled.

(7)An application for renewal of a licence shall be made to the respective county government at least one month before the expiry date of the licence.

(8)The County Executive Committee Member shall, annually, share with the Authority a list of all licensed commercial bixa nursery operators.

(9)A person who contravenes paragraph (1) commits an offence.

7. Licensing of bixa agents

(1)A person shall not operate as a bixa agent unless the person has a valid licence issued by the respective county government.

(2)A person who intends to operate as a bixa agent shall apply to the respective county government for a licence in Form Bx7 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The county government shall not issue a licence to an applicant unless an inspector has visited and inspected the applicant's warehouse or store and confirmed that the warehouse or store—

(a)is accessible to growers and dealers;

(b)is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and

(c)has a waste disposal facility.

(4)The county government shall, within fourteen days from the receipt of the application—

(a)issue a licence to a successful applicant in Form Bx8 set out in the First Schedule if satisfied that applicant meets the requirements in paragraph (3) and the information or documents required in the application form have been provided and are accurate; or

(b)if the applicant does not meet the requirements in paragraph (3) or provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection.

(5)Where the reasons for the rejection under paragraph (4)(b) have been addressed, the applicant may resubmit the application for consideration.

(6)A person who contravenes paragraph (1) commits an offence.

8. Issuance of a letter of no objection

(1)A person shall not set up a bixa processing facility unless the person has been issued with a letter of no objection by the Authority.

(2)A person who intends to set up a bixa processing facility shall apply to the Authority for a letter of no objection in Form Bx9 set out in the First Schedule.

(3)The applicant shall carry out a feasibility study and submit to the Authority a report that provides information on—

(a)the socio-economic impact of the facility;

(b)environmental safe guards;

(c)the technical capacity of the personnel;

(d)source of raw material (nuclear farms, contracted growers, bixa agents);

(e)processing capacity of the proposed facility;

(f)the target products; and

(g)the target markets.

(4)The Authority shall evaluate the feasibility report submitted under paragraph (3) and undertake an inspection of the site and shall, within thirty days from the date of receipt of the application—

(a)issue a letter of no objection to the applicant in form Bx10 set out in the First Schedule, if the Authority is satisfied with the feasibility report and the outcome of the inspection; or

(b)reject the application and notify the applicant in writing of the reasons for rejection, if the Authority is not satisfied with the feasibility report and the outcome of the inspection.

(5)The letter of no objection issued under paragraph (4)(a) shall authorize the applicant to commence installation of a processing plant and contract growers or engage bixa agents to provide raw materials.

(6)The letter of no objection issued under paragraph (4)(a)—

(a)shall be valid for two years from the date of issue; and

(b)may, upon evaluation of the installation progress, be renewed by the Authority.

(7)The Authority may revoke a letter of no objection issued under paragraph (4)(a) if—

(a)the applicant made material misrepresentation or a false declaration in the application;

(b)the letter of no objection was otherwise obtained through corruption or fraud;

(c)a condition of the letter of no objection has been breached and no remedial measures have been taken; or

(d)the applicant has contravened the provisions of the Act or these Regulations.

(8)The Authority shall, before revoking the letter of no objection under paragraph (7), give the holder a twenty-one days' notice to show cause why the letter of no objection should not be revoked and the decision of the Authority in the matter shall be final.

(9)A person who contravenes paragraph (1) commits an offence.

9. Certificate of compliance

(1)A person shall not process bixa or any bixa product unless the person has been issued with a valid certificate of compliance by the Authority.

(2)The holder of a letter of no objection issued under regulation 8 shall, upon completion of installation of the processing plant and compliance with the conditions set out in the letter of no objection, notify the Authority of the completion and request the Authority in Form Bx11 to inspect the completed plant and issue a certificate of compliance.

(3)The Authority shall, upon receiving the notification under paragraph (2), inspect the completed plant to confirm that the applicant complies with the following requirements—

(a)the applicant has demonstrated its source of bixa;

(b)the facility meets food grade standards;

(c)the applicant has paid for all the produce collected from growers, where applicable;

(d)the applicant has officers with the technical capacity to run the processing plant;

(e)the processing plant has clear documentation and document control procedures for all its processes;

(f)the processing plant has potable water and adequate sanitation facilities;

(g)the processing plant has floors, doors, walls and surfaces made with materials which are easy to clean and disinfect; and

(h)the applicant has a traceability system for all bixa and bixa products.

(4)The Authority shall, before granting a certificate of compliance, publish a notice in the Gazette, inviting objections to the grant of the certificate of compliance to submitted, in writing, to the Authority within a period of thirty days from the date of publication of the notice.

(5)The Authority shall, at the end of the notice period specified in paragraph (4) and after considering the any objections raised under paragraph (4), issue an applicant with a certificate of compliance in Form Bx12 set out in the First Schedule if the applicant meets the requirements in paragraph (3) and upon payment of the fee prescribed in the Second Schedule.

(6)A certificate of compliance shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled.

(7)A processor may, upon the expiry of a certificate of compliance, apply for the renewal of the certificate of compliance in Form Bx13 set out in the First Schedule.

(8)The Authority shall not renew a certificate of compliance unless the requirements of paragraph (3) and (4) have been complied with.

(9)A person who contravenes paragraph (1) commits an offence

10. Issuance of a bixa processing licence

(1)A person shall not process bixa or any bixa product without a valid licence issued by the respective county government.

(2)A person who intends to process bixa or any bixa product shall apply to the respective county government for a licence in Form Bx14 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The county government shall within fourteen days of receipt of the application—

(a)issue a licence to a successful applicant in Form Bx15 set out in the First Schedule, if satisfied that the information or documents required in the application form have been provided and are accurate; or

(b)if the applicant does not provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection.

(4)Where the reasons for the rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the respective county government for consideration.

(5)Each county government shall maintain a register of licensed bixa processors.

(6)A person who contravenes paragraph (1) commits an offence and shall be liable to penalty specified in section 19 of the Act.

11. Licensing of bixa exporters

(1)A person shall not carry on business as a bixa exporter unless the person has been issued with an export licence by the Authority.

(2)A person who intends to export bixa or any bixa product shall apply to the Authority for an export licence in Form Bx16 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The Authority shall not issue an export licence to an applicant unless the applicant has—

(a)demonstrated the source of bixa or bixa products; and

(b)a warehouse or store for handling, packaging, packing and grading bixa or bixa products that—

(i)is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and

(ii)has a waste disposal facility.

(4)The Authority shall within fourteen days of receipt of the application—

(a)issue an export licence to a successful applicant in Form Bx17 set out in the First Schedule, if satisfied that the requirements in paragraph (3) have been met and the information or documents required in the application form have been provided and are accurate; or

(b)if the applicant does not meet the requirements in paragraph (3) or does not provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection.

(5)Where the reasons for the rejection under paragraph (4)(b)) have been addressed, the applicant may resubmit the application to the Authority for consideration.

(6)A person who contravenes paragraph (1) commits an offence.

12. Licensing of bixa importers

(1)A person shall not carry out business as a bixa importer unless the person has been issued with an import licence by the Authority.

(2)A person who intends to import bixa or any bixa product shall apply to the Authority for a licence in Form Bxl8 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The Authority shall not issue an import licence to an applicant unless the applicant has—

(a)demonstrated the source of bixa or bixa products; and

(b)a warehouse or store for handling, packaging, packing and grading bixa or bixa products that—

(i)is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and

(ii)has a waste disposal facility.

(4)The Authority shall, within fourteen days of receipt of the application—

(a)issue an import licence to a successful applicant in Form Bx19 set out in the First Schedule if satisfied that the requirements in paragraph (3) have been met and the information or documents required in the application form have been provided and are accurate; or

(b)reject the application if the applicant does not meet the requirements in paragraph (3) or does not provide accurate information or documents required in the application form and notify the applicant of the decision in writing, giving reasons for rejection.

(5)Where the reasons for the rejection under paragraph (4)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration.

(6)A person who contravenes paragraph (1) commits an offence.

13. Issuance of bixa export permits

(1)A person shall not export bixa or any bixa product unless the person has a valid export permit issued by the Authority for each export consignment.

(2)A person who intends to export bixa or any bixa product shall apply to the Authority for an export permit for each consignment of bixa or bixa product in Form Bx20 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The Authority shall, within two days of receipt of an application under paragraph (1)—

(a)issue an export permit to a successful applicant in Form Bx21 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or

(4)A person who contravenes paragraph (1) commits an offence.

14. Issuance of bixa import permits

(1)A person shall not import bixa or any bixa product unless the person has a valid import permit issued by the Authority for each import consignment.

(2)A person who intends to import bixa or any bixa product shall apply to the Authority for an import permit for each consignment of bixa or bixa product in Form Bx22 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule.

(3)The Authority shall within two days of receipt of an application under paragraph (1)—

(a)issue an import permit to a successful applicant in Form Bx23 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or

(b)if the applicant does not provide the information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection.

(4)A person who contravenes paragraph (1) commits an offence

15. Revocation of licences

(1)A licensing authority may revoke a licence issued under these Regulations if—

(a)the conditions of issuance of the licence are contravened; or

(b)the holder of the licence or an employee of the holder commits an offence under the Act or these Regulations.

(2)The licensing authority shall, before revoking a licence give the holder of the licence an opportunity to be heard and to make representations in that regard.

(3)Upon revocation of a licence under paragraph (1), the licence shall immediately cease to have effect and the holder of the licence shall immediately surrender the licence to the licensing authority.

16. Revocation of certificates of registration

A certificate of registration issued to a dealer under these Regulations shall be issued once but may be revoked if the holder of the certificate does not apply for or renew the requisite licence for three consecutive years.

17. Validity of a licence and certificate of compliance

A licence or a certificate of compliance issued under these Regulations shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled.

18. Transferability of licence, registration certificate or a permit

(1)A certificate of registration, licence or a permit issued under these Regulations shall not be transferable to another person.

(2)A person who contravenes paragraph (1) commits an offence.

Part III – QUALITY ASSESSMENT

19. Planting materials

(1)A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service.

(2)A person who contravenes this regulation commits an offence.

20. Quality assurance for postharvest handling of bixa

(1)A dealer shall collect, buy, sell, export or import only mature bixa.

(2)Any produce handling facility including a warehouse, store, collection centre, working area or designated point shall be kept free of waste materials.

(3)The packaging, storage or transportation of bixa shall be in a manner that does not contaminate the bixa.

(4)Bixa and bixa products shall be of food grade standard.

(5)The packaging material used for bixa produce shall be of food grade standard.

(6)A single package of bixa shall not exceed fifty kilogrammes.

(7)A person who contravenes any provision of this regulation commits an offence.

21. Traceability

(1)A dealer in bixa or any bixa products shall put in place a traceability system developed by the Authority or approved by the Authority.

(2)A dealer shall—

(a)keep a record of the source of bixa and the persons to whom it is sold;

(b)be responsible for quality and safety of bixa;

(c)ensure that any bixa package is labelled with a code indicating the country code, county code, farm name and location of the farm; and

(d)withdraw and dispose of unsafe bixa or bixa products from the distribution chain.

(3)A person who contravenes paragraph (1) or (2) commits an offence.

22. Contracts between growers and dealers

(1)Where a bixa grower has entered into a contract with a dealer, the contract may contain the following minimum requirements.

(a)the amount of money to be paid for the quantity of bixa collected or delivered;

(b)the collection and delivery point and timelines;

(c)the payment timelines and mode;

(d)the duration of the contract;

(e)the timelines for review of the terms and conditions of the contract;

(f)the contracted quantity in kilogrammes;

(g)transfer of ownership;

(h)breach of contract; and

(i)termination of the contract.

(2)A bixa dealer and a bixa grower may adopt the sample agreement set out in the Third Schedule.

23. Appointment of inspectors

(1)The Authority shall, by notice published in the Gazettte, appoint inspectors to carry out inspections of bixa and bixa products.

(2)A county government may nominate county inspectors for appointment by the Authority.

(3)A person qualifies to be appointed as an inspector under these Regulations if the person possesses the following minimum qualifications—

(a)holds a bachelors degree in agriculture or related field from a university or academic institution recognized in Kenya;

(b)holds a diploma in agriculture from an academic institution recognized in Kenya and two years' experience in agriculture extension service work; and

(c)complies with Articles 6 and 232 of the Constitution of Kenya.

(4)The Authority shall train nominee inspectors before appointing them under paragraph (1).

(5)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.

24. Inspection and verification

(1)The Authority or a county government shall—

(a)conduct inspections and compliance audits of nursery operators, agents, processors, importers and exporters from time to time to ensure compliance with the Act and these Regulations; and

(b)provide feedback to the industry players on non-conformity and build the capacity for corrective measures pursuant to the inspections and audits undertaken.

(2)An inspector shall—

(a)monitor the activities associated with bixa production, dealing, handling and processing to ensure compliance with the Act and these Regulations;

(b)regularly undertake surveillance and inspection to ensure that nursery operators, agents, processors, exporters and importers of bixa and bixa products adhere to the Act and these Regulations; and

(c)periodically audit food safety management systems implemented by agents and processors.

(3)An inspector who has reasonable grounds may enter any land or premises or stop and enter into a vessel used for holding or transporting bixa or bixa products for purposes of ascertaining that it conforms to the requirements of the Act and these Regulations or for the performance of the functions or powers conferred under the Act and these Regulations.

25. Establishment of the Pricing formula committee

(1)There is hereby established the Bixa Pricing Formula Committee which shall determine the pricing formula of bixa and bixa products.

(2)The Committee shall comprise of the following members appointed by the Cabinet Secretary—

(a)one representative from the ministry responsible for matters relating to agriculture;

(b)one representative from the ministry responsible for matters relating to trade;

(c)one representative from the Authority;

(d)one County Executive Committee Member for agriculture nominated by the Council of County Governors;

(e)three representatives of growers nominated by growers' associations; and

(f)two representatives of processors.

(3)The members of the Committee shall, at its first meeting—

(a)elect the chairperson from the members appointed under paragraph 1(e) or (f); and

(b)set the procedures for conducting meetings of the Committee.

(4)The Committee shall consider the following parameters formulating the bixa pricing formula—

(a)the cost of production;

(b)the supply and demand forces; and

(c)any other prevailing factors.

(5)The Authority shall provide secretariat services to the Committee.

(6)The Committee may whenever necessary co-opt experts to provide technical advice.

(7)The members of the Committee under paragraph 1(e) and (f) shall serve for a non-renewable term of three years.

Part IV – GENERAL PROVISIONS

26. Returns

(1)A commercial nursery operator shall submit annual returns to the county government in Form Bx24 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year.

(2)A bixa agent shall submit biannual returns to the Authority in Form Bx25 set out in the First Schedule not later than the tenth day of January and the tenth day of July.

(3)A bixa processor shall submit quarterly returns to the Authority in Form Bx26 set out in the First Schedule.

(4)A bixa exporter or bixa importer shall submit quarterly returns to the Authority in Form Bx27 set out in the First Schedule.

27. Imposition of fees by county governments

(1)Any fee imposed by a county government on Bixa shall be in accordance section 17(2) and (3) of the Act.

(2)Any charge on bixa produce that is on transit shall be charged once at the point of exit in the county of origin.

28. Imposition of bixa levy

(1)There shall be imposed a levy on exported and imported bixa and bixa products for purposes of development of the bixa subsector.

(2)The export levy shall be charged at the rate of one percent (1%) of the Free on Board value of any bixa product and three percent (3%) of the Free on Board value of raw bixa.

(3)The import levy shall be charged at the rate of two percent (2%) of the customs value of bixa or bixa product.

(4)The levy due under paragraph (2) or (3) shall be remitted to the Authority not later than the tenth day of the month following the month during which the levy was due.

(5)Any levy imposed under this regulation which remains unpaid shall be recovered by the Authority as a civil debt due to it from the person by whom it is payable.

(6)A person who does not pay or remit the levy on time as provided for under these Regulations when directed by the Authority in writing, shall in addition to paying the levy pay an interest of five percent (5%) of the amount due for each month or part thereof during which the amount due remains unpaid.

29. General penalty

A person who commits an offence under these Regulations for which no penalty is provided shall be liable, upon conviction, to the penalty in section 37 of the Act.

Source: Kenya Law · Imported 4 October 2026