Kenyan legislation

The Crops (Food Crops) Regulations

Edition: 2025-10-28 · In force

Browse sections

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Crops (Food Crops) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"collection centre" means a place designated and registered by a county Government to serve as a place for—(a)buying and selling food crops or food produce;(b)packaging of food crops or food produce; or(c)meeting growers or growers' associations;"commercial activity" means the collecting, transporting and storing, of food crops or food produce, for trade;"consignment" for purposes of import or export, means the declared lot of food crops or food produce;"County Executive Committee Member" means the County Executive Committee Member in charge of matters relating to agriculture within a specific county;"country of origin" means the country where a food crop or food produce, has been grown, produced, processed or manufactured, as the case may be;"dealer" means a person who is engaged in a commercial activity and includes an exporter and an importer;"exporter" means a person who engages in exporting a food crop or food produce;"food crop" means a crop specified in the First Schedule;"food processing plant" means a facility for processing, re-packaging, packaging, labelling or distribution for sale of a food crop or food produce;"food produce" means the harvested part of a food crop for use as food that has not changed form through processing;"grower" means a small-scale grower or a large-scale grower;"growers' association" means a registered group, association, co-operative society, corporate body, union or federation of growers;"importer" means a person who engages in importing a food crop or food produce;"inspector" means an officer appointed by the Authority as an inspector in accordance with section 27 of the Act;"large scale grower" means a person who grows a food crop in a parcel of land of at least fifty acres;"market" means, a designated place, medium or structure by county or national Government where buyers and sellers interact for trade in food crop or food produce;"marketing agent" means a person, registered or licensed, in accordance with these Regulations to buy or sell food crops or food produce, in wholesale at a designated market, collection centre, growers or growers' association;"medium" means a physical or virtual place where a buyer and a seller, trade in a food crop or food produce, and includes a car boot sale, a commercial internet platform and a commodities exchange;"non-commercial activity" means the collecting, transporting or storing of a food crop or food produce for household consumption;"port of entry" means an airport, seaport or land border point, that is officially designated as such, for the importation of consignments;"port of exit" means an airport, seaport or land border point, that is officially designated as such, for the exportation of consignments;"potable water" means water that has been tested and confirmed by a competent authority, to be safe for handling food produce;"processer" means any person who operates a food processing plant;"small-scale grower" means a person who grows a food crop in a parcel of land of that does not exceed fifty acres;"warehouse" means premises, in whole or in part, that are—(a)where food crops or food produce can be held for wholesale distribution to a wholesaler, retail outlet, restaurant or another entity, that sells or distributes the food crops or food produce, to consumer; and(b)used for the storage of food crops or food produce, in an institution such as a school, hospital, prison or a training institution for instruction in the preparation of food for consumption;"transporter" means a person who engages in the movement of food crops or food produce, when conducting a commercial activity; and"vehicle" means any modern or traditional mode of transportation that is used by a transporter.

3. Scope of application

These Regulations shall apply to all the food crops specified in the First Schedule that are—

(a)produced, processed and traded in Kenya; or

(b)imported into or exported out of, the country.

4. Purpose of these Regulations

(1)The purpose of these Regulations shall be to promote the development and regulation of food crops and food produce.

(2)Without prejudice to the generality of subregulation (1), these Regulations shall provide for—

(a)the registration of growers, growers' associations, and other dealers in food crops or food produce;

(b)the certification of processing plants, warehouses, collection centres and markets;

(c)the issuance of export clearance permits;

(d)the assurance of the safety and quality of food crops and food produce;

(e)the marketing of food crops and food produce;

(f)the promotion of best practices in production, transportation, storage and processing of food crops and food produce;

(g)the collection, collating and maintaining of a database on the production, prices and trade, of food crops and food produce; and

(h)the carrying out such other functions as may be necessary for the effective implementations of these Regulations.

Part II – REGISTRATION

5. Rights and obligations of growers and growers' associations

(1)A growers' association shall have a written agreement with every grower who has registered with it.

(2)The agreement referred to in subregulation (1) shall specify the rights and obligations of both the grower and the growers' association.

(3)A growers' association shall register with the Authority and submit copies of the agreements the association has with its growers, to the Authority.

(4)A growers' association shall submit copies of the agreements the association has with its growers to its respective County Executive Committee Member.

(5)Any disputes arising between the growers and growers' associations shall be determined by the court.

6. Registration of growers' associations and other dealers

(1)The following persons shall apply for registration with the Authority—

(a)a growers' association;

(b)a large scale grower;

(c)a marketing agent;

(d)an exporter;

(e)an importer;

(f)a processor; and

(g)a transporter.

(2)An application for registration under subregulation (1) shall be in Form 2A set out in the Second Schedule.

(3)Where the Authority is satisfied that an applicant under subregulation (2) has complied with the Act and any other relevant law, may—

(a)within fourteen days of receiving the application, grant a certificate of registration; or

(b)within seven days of receiving the application reject the application and indicate the reasons thereof.

(4)An applicant who is dissatisfied with the decision of the Authority made under subregulation (3)(b) may—

(a)within fourteen days of the decision, resubmit the application for registration after addressing the issues raised in the rejection; or

(b)within twenty-one days of being notified of the decision, appeal to the Court.

(5)Upon resubmission of a satisfactory application under subregulation (4)(a), the Authority shall issue the applicant a certificate of registration.

(6)The Authority shall issue a certificate of registration under this regulation in Form 4A set out in the Fourth Schedule subject to such terms and conditions it deems necessary.

(7)The Authority shall maintain a register of the persons issued with a certificate of registration under this regulation.

(8)The Authority shall submit a copy of the register maintained under subregulation (7) for each county, to the respective County Government.

(9)Any of the persons listed in subregulation (1) who deals with a food crop or food produce without being registered under this regulation commits an offence and shall be liable, on conviction, to a fine of five million shillings, or to imprisonment for a period of three years, or to both.

7. Cancellation of registration

The Authority may cancel the registration of a person registered under regulation 6 if the person has contravened the terms and conditions of the person's certificate of registration.

8. Appeals on issuance of certificate of registration

A person who is aggrieved by the decision of the Authority in—

(a)cancelling of their registration; or

(b)imposing the terms and conditions on their registration, may appeal to the court within thirty days of the receipt of the decision.

9. Register of growers

(1)A registered growers' association shall maintain a register of its members in Form 5A set out in the Fifth Schedule.

(2)A registered growers' association shall submit an up to date register of its members to—

(a)the respective County Government; and

(b)the Authority, by the thirty first day of December of every year.

Part III – LICENCING

10. Application for a warehousing licence

(1)A person shall not operate a warehouse without a warehousing licence.

(2)An application for a warehousing licence shall be—

(a)in Form 2B set out in the Second Schedule;

(b)accompanied by a certificate of compliance for the warehouse issued in accordance with these Regulations; and

(c)made to the respective County Government.

(3)A county government may, after considering the application made under subregulation (1)—

(a)within fourteen days of receiving the application, issue the applicant a warehousing licence; or

(b)within seven days of receiving the application, reject the application and give the reasons thereof.

(4)Where an application has been rejected in accordance with subregulation (3)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(5)Upon resubmission of a satisfactory application under subregulation (4), the respective County Government shall issue the applicant with a warehousing licence.

(6)A warehousing licence issued under this regulation shall be valid from the date of issue to the thirtieth of June next following the date of issue unless the licence is revoked by the respective County Government before its expiry date.

(7)A county government shall issue a warehousing licence in Form 4B set out in the Fourth Schedule.

(8)An applicant under this regulation shall notify the respective County Government of any change in the ownership, business operations or production scale within thirty days of the change whenever it occurs.

(9)A person who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a term of one year, or to both.

11. Renewal of a warehousing licence

(1)An application for the renewal of a warehousing licence shall be—

(a)in Form 2B set out in the Second Schedule;

(b)made to the respective County Government;

(c)accompanied by a valid certificate of compliance for the warehouse issued in accordance with these Regulations; and

(d)accompanied by the returns of the warehouse operator for the previous year in Form 5D and 5E, set out in the Fifth Schedule.

(2)An application under subregulation (1) shall be made not later than the first day of June in the year which the current licence is due to expire.

(3)Where an application is made later than the day specified in subregulation (2), the applicant shall specify a reasonable cause for the delay.

(4)The respective County Government shall publish a notice of the proposed grant of a warehousing licence in the Gazette, at least thirty days before granting the licence.

(5)An applicant under this regulation shall notify the respective County Government of any change in the ownership, business operations or production scale within thirty days of the change whenever it occurs.

(6)The respective County Government may, after considering the application made under subregulation (1)—

(a)within fourteen days of receiving the application, issue the applicant a warehousing licence; or

(b)within seven days of receiving the application, reject the application and give the reasons thereof.

(7)Where the application has been rejected under subregulation (6)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(8)Upon resubmission of a satisfactory application under subregulation (7), the Authority shall issue the applicant with a warehousing licence.

(9)The respective County Government shall issue a warehousing licence under this regulation in Form 4B set out in the Fourth Schedule.

(10)A warehousing licence issued under this regulation shall be valid from the date of issue to the thirtieth of June next following the date of issue unless the licence is revoked by the respective County Government before the expiry date.

12. Import clearance permits

(1)A person shall not import a food crop or food produce unless that person is registered as an importer in accordance with regulation 6.

(2)A registered importer shall not import a consignment without a valid import clearance permit issued by the Authority.

(3)Each consignment shall be imported only through a port of entry.

(4)An application for an import clearance permit shall be—

(a)in Form 2C as set out in the Second Schedule; and

(b)accompanied by a certificate of compliance for the warehouse.

(5)The Authority may, after considering the application made under subregulation (4)—

(a)within fourteen days of receiving the application, issue the applicant, an import clearance permit; or

(b)within seven days of receiving the application, reject the application and give the reasons thereof.

(6)Where the application has been rejected under subregulation (5)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(7)Upon resubmission of a satisfactory application under subregulation (6), the Authority shall issue the applicant with an import clearance permit.

(8)The Authority shall issue an import clearance permit under this regulation in Form 4C set out in Fourth Schedule.

(9)An import clearance permit shall not be transferable.

(10)An import clearance permit shall apply only to the consignment specified in the application.

(11)A person who contravenes subregulation (1), (2), (3) or (10) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

13. Release order for an importer's consignment

(1)A registered importer shall declare each consignment that the importer has imported at the port of entry, to the Authority.

(2)An inspector shall physically inspect each consignment imported by an importer.

(3)A registered importer shall avail the following documents to the inspector under subregulation (2)—

(a)a copy of the import clearance permit;

(b)the profile of the exporter from whom the consignment was procured;

(c)the profile of the consignment specifying the type of food crop or food produce;

(d)a certificate of conformity of the consignment from a competent authority of the country of origin;

(e)a declaration of the quantity, in metric tons, of the imported food crops or food produce;

(f)a declaration of the destination of the consignment;

(g)where the consignment is in transit, a declaration of the consignment in transit specifying the—

(i)quantity in transit,

(ii)transit shed in accordance with the East African Community Customs Management Act, 2004; and

(iii)details of port of exit, in Form 2D set out in the Second Schedule; and

(h)where the consignment is of food crops or food produce in bulk, a declaration of the warehouse where the food crops or food produce is to be repackaged.

(4)When conducting an inspection of a consignment, an inspector shall examine the—

(a)grading, packaging and labelling; and

(b)maximum weight of a single unit package, to ensure that the consignment conforms to the Act and these Regulations.

(5)The inspector may take a sample of the food crop or food produce for analysis to ensure they conform to the standards prescribed under the Standards Act.

(6)Where the inspector has taken a sample under subregulation (5), the Authority may hold the consignment pending the outcome of the analysis of the sample.

(7)Where the outcome of the analysis conducted under subregulation (5) indicate that the consignment does not conform to the requirements under the Standards Act, the Authority may—

(a)decline to issue the registered importer with a release order;

(b)at the cost of the importer, seize and detain the consignment.

(8)Where an inspector is satisfied that a consignment has complied with subregulations (3), (4) and (5), the Authority shall—

(a)issue the registered importer a release order in Form 4D set out in the Fourth Schedule; and

(b)release the consignment to the registered importer's custody.

(9)A release order shall not be transferable.

(10)A person who deals in a consignment which does not have a valid release order under this regulation commits an offence and is liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

14. Certificate of conformity

(1)A person shall not export a food crop or food produce unless that person is registered as an importer under regulation 6.

(2)A person shall not export a consignment without a valid certificate of conformity issued by the Authority.

(3)A registered exporter shall apply for a certificate of conformity for a consignment that the exporter intends to export in Form 2E set out in the Second Schedule.

(4)The Authority may, after considering the application made under subregulation (3)—

(a)within fourteen days of receiving the application, issue the applicant a certificate of conformity; or

(b)within seven days of receiving the application, reject the application and give the reasons thereof.

(5)In considering an application under subregulation (3), the Authority shall carry out an inspection of the consignment to be exported to ensure that it conforms to the requirements of the country the food crops or food produce are being exported to.

(6)Where the application has been rejected under subregulation (4)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(7)Upon resubmission of a satisfactory application under subregulation (6), the Authority shall issue the applicant with a certificate of conformity.

(8)The Authority shall comply with any requests for—

(a)verification of the profile of the exporter;

(b)carrying out an inspection of the consignments intended to be exported, from the country the food crops or food produce are being exported to.

(9)The Authority shall issue a certificate of conformity under this regulation in Form 4E set out in the Fourth Schedule.

(10)Once the certificate of conformity has been issued, the consignment shall be shipped within the time specified in the certificate.

(11)Once the consignment is shipped the registered exporter shall provide the Authority with information on the date of export, type, quantity destination of the consignment.

(12)Where the consignment is rejected at the port of entry of the country the food crops or food produce are being exported to, the exporter shall immediately inform the Authority and state the reasons for rejection.

(13)Each consignment shall be exported only through a port of exit.

(14)The Authority may negotiate, implement and maintain equivalency and other sanitary agreements with other countries regarding the dealing of food crops and food produce.

(15)A person who contravenes subregulation (1), (2), (10), (11), (12) or (13) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both.

15. Revocation or suspension of a licence, permit, release order or certificate

(1)The Authority or County Government, as the case may be, may revoke or suspend a licence, permit, release order or certificate issued under this Part if the conditions of issuance of the licence, permit, release order or certificate are not complied with.

(2)The holder of the licence, permit, release order or certificate shall immediately surrender the licence, permit, release order or certificate to the Authority or County Government, as the case may be, if—

(a)the licence, permit, release order or certificate is revoked under subregulation (1); or

(b)the purpose for which licence, permit, release order or certificate is issued ceases, and it shall cease to have effect forthwith.

16. Appeals on issuance of licences, permits, release orders or certificates.

(1)A person who is aggrieved by the decision of the Authority or the County Government in respect of—

(a)the grant, refusal, renewal, variation of revocation; or

(b)the conditions imposed on the grant, renewal or variation, of a licence or permit, may appeal to the Cabinet Secretary within thirty days of the date on which the applicant first received the notice of the decision.

(2)A person who is aggrieved by the decision of the Authority or the County Government in respect of—

(a)the grant, refusal, renewal, variation of revocation; or

(b)the conditions imposed on the grant, renewal or variation, of a release order or certificate, may appeal to the Court within thirty days of the date on which the applicant first received the notice of the decision.

Part IV – ASSURANCE OF SAFETY AND QUALITY OF FOOD CROPS AND FOOD PRODUCE

17. Infected area

(1)A grower shall not cultivate food crops in an infected area.

(2)In this regulation, "infected area" means a site that poses a risk of contamination to food produce and includes a site for—

(a)the disposal of garbage or industrial waste;

(b)sanitary waste management;

(c)mining activities; and

(d)oil or gas extraction.

(3)The respective County Government in collaboration with the relevant government department or agency, shall ensure that an infected area is fenced off to prevent access by a grower to such site.

(4)A grower who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both.

(5)Where a grower contravenes subregulation (1), the respective County Government shall seize and detain the contaminated food crop grown.

(6)The Authority shall, in undertaking routine sampling and testing of food crops and food produce, determine if food crops or food produce are contaminated as a result of being grown in an infected area.

(7)Where, pursuant to subregulation (6), it is determined that food crops or food produce are contaminated, the Authority shall seize and detain the contaminated food crops or food produce.

(8)Any dealer who deals in a contaminated food crop or food produce commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

18. Wash water

Every grower and dealer shall use potable water to wash the food crop or food produce that the person is handling.

19. Safe use of pesticides

(1)A grower or dealer shall apply the pest control products to the food crops or food produce in their custody, in accordance with the Pest Control Products Act (Cap 346).

(2)A person shall import, distribute, store, use or dispose of a pest control product, in accordance with the Pest Control Products Act (Cap. 346).

(3)A grower or dealer shall undergo the requisite training under the Pest Control Products Act (Cap. 346), on the safe usage, storage or disposal of pest control products for the food crops or food produce in the grower's or dealer's custody.

(4)A grower shall observe the pre-harvest interval for the particular pest control product used on a food crop or food produce in the grower's or dealer's custody.

(5)Where the Authority discovers that a food crop or food produce of a grower or a dealer contains a pest control product whose content exceeds the maximum residue limit, the Authority may suspend the registration of the grower or dealer until the grower or the dealer undertakes corrective measures.

20. Training programs

The Authority in consultation with the relevant County Government, shall initiate and coordinate training programmes for growers and dealers to enable them to implement these Regulations.

21. Harvesting and post-harvest handling of food crops or food produce

(1)A grower or a dealer shall harvest a food crop at its physiological maturity.

(2)A grower or a dealer shall sort, grade package, label, transport, store or process a food crop or food produce in accordance with the standards prescribed in the Standards Act (Cap 496).

(3)A transporter shall ensure that the vehicle used to transport a food crop or food produce complies with the Traffic Act and any other written law.

(4)A person who contravenes subregulations (1), (2) or (3) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

22. Certification of warehouses

(1)A person operating a warehouse shall store the food crops or food produce in the person's custody under conditions that are not detrimental to the safety and quality of the food crops or food produce.

(2)The Authority shall inspect all warehouses to ensure that they are in compliance with these Regulations.

(3)A person shall not operate any premises as a warehouse unless the premises have a valid certificate of compliance for a warehouse.

(4)An application for a certificate of compliance for a warehouse shall be—

(a)in the Form 2F in the Second Schedule;

(b)made to the Authority; and

(c)accompanied by payment of the fees prescribed in the Third Schedule.

(5)When considering an application made under subregulation (4), the Authority may—

(a)within thirty days of receipt of the application, issue the applicant a certificate of compliance for a warehouse; or

(b)within fourteen days of receipt of the application, reject the application and give the reasons thereof.

(6)Where an application has been rejected under subregulation (5)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(7)Upon resubmission of a satisfactory application under subregulation (6), the Authority shall issue the applicant a certificate of compliance for a warehouse.

(8)A certificate of compliance for a warehouse shall be valid for one year from the date of issuance unless it is revoked by the Authority.

(9)Where an operator of a warehouse intends to cease operations of the warehouse, the operator shall notify the Authority at least thirty days prior to the intended date of cessation of the operations.

(10)Upon receiving a notice under subregulation (9), the Authority shall take such measures as it shall consider necessary, to safeguard the interests of a grower or a dealer whose food crops or food produce are stored in the warehouse.

(11)A certificate of compliance for a warehouse issued under this regulation shall be in the Form 4F set out in the Fourth Schedule.

(12)A person who contravenes of subregulations (1), (3) or (9) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

23. Renewal of the certification of warehouses

(1)An application for the renewal of a certificate of compliance for a warehouse shall be—

(a)in the Form 2F in the Second Schedule;

(b)made to the Authority; and

(c)accompanied by the returns of the warehouse operator in Form 5D and Form 5E, set out in the Fifth Schedule.

(2)When considering an application made under subregulation (1), the Authority may—

(a)within thirty days of receipt of the application, issue the applicant a certificate of compliance for a warehouse; or

(b)within fourteen days of receipt of the application, reject the application and give the reasons thereof.

(3)Where an application has been rejected under subregulation (2)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(4)Upon resubmission of a satisfactory application under subregulation (3), the Authority shall issue the applicant a certificate of compliance for a warehouse.

(5)A certificate of compliance for a warehouse issued under this regulation shall be in the Form 4F set out in the Fourth Schedule.

24. Certification of a new food processing plant

(1)A person who intends to establish a food processing plant shall obtain a certificate of approval for a food processing plant.

(2)An application for a certificate of approval for a food processing plant shall be—

(a)in Form 2G set out in the Second Schedule; and

(b)made to the Authority.

(3)An application under subregulation (2) shall be accompanied by the following documents—

(a)a design, construction and layout plan of the premises where the plant will be situated including its internal structures, materials and fittings;

(b)the requisite approval under the Environmental Management and Co-ordination Act (Cap. 387) in respect of the premises;

(c)a map indicating the location of the premises with clearly marked boundaries;

(d)a declaration of the source of water for the food processing plant;

(e)an approval from all relevant Government agencies in accordance with existing laws and regulations;

(f)a detailed project feasibility study for the food processing plant; and

(g)a declaration of the prospective source of the food crops or food produce.

(4)When considering an application made under subregulation (2), the Authority may—

(a)within fourteen days of receipt of the application, issue the applicant a letter of preliminary approval; or

(b)within seven days of receipt of the application, reject the application and give the reasons thereof.

(5)Where an application has been rejected under subregulation (4)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(6)Upon resubmission of a satisfactory application under subregulation (5), the Authority shall issue the applicant a letter of preliminary approval.

(7)A letter of preliminary approval shall not be transferrable.

(8)The Authority shall issue a letter of preliminary approval under this regulation in Form 4G set out in the Fourth Schedule.

(9)Upon completion of the construction of the premises of a food processing plant, a processor shall make an application for inspection of the premises—

(a)in Form 2H set out in the Second Schedule;

(b)submit the application in paragraph (a) to the Authority; and

(c)pay the prescribed fee set out in the Third schedule.

(10)Upon receipt of an application under subregulation (9), an inspector shall conduct an inspection and shall ensure the following—

(a)the source of the food crops or food produce has been declared;

(b)the installed capacity of the food processing plant has been declared;

(c)the location, design and construction of the building and its interior, equipment and water supply are in accordance with the declarations made under subregulation (3);

(d)the applicant has established a procedure for ensuring that the food processing plant is in compliance with the Occupational Safety and Health Act (Cap. 236A);

(e)the applicant has established a procedure for receiving, handling and storage of food crops and food produce in accordance with these Regulations;

(f)the applicant has established monitoring procedures for pest control, both for the exterior and interior of the premises;

(g)the applicant has established adequate cleaning and sanitizing procedures;

(h)the applicant has established procedures describing preventive, maintenance and calibration of all the equipment and instruments that can affect the quality of the food crops or food produce;

(i)the applicant has put in place procedures for recalling and tracing the food crops or food produce that will ensure that the processed food crops or food produce are coded and labelled properly;

(j)the applicant has established water safety monitoring procedures for water, ice and steam including the use of potable water when handling the food crops or food produce;

(k)the applicant has complied with the Act and these Regulations.

(11)When the inspection under subregulation (10) has been conducted, the inspector shall make his recommendations by submitting his duly filled checklist in Form 21 set out in the Second Schedule, to the Authority.

(12)Pursuant to the checklist submitted under subregulation (11), the Authority may—

(a)within fourteen days of receipt of the recommendation, issue the applicant a certificate of approval for a food processing plant; or

(b)within seven days of receipt of the recommendation, reject the application made under subregulation (9) and give the reasons thereof.

(13)Where an application has been rejected under subregulation (12)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.

(14)Upon resubmission of a satisfactory application under subregulation (13), the Authority shall issue the applicant a certificate of approval for a food processing plant.

(15)A certificate of approval for a food processing plant shall be valid for one year from the date of issuance unless it is revoked by the Authority.

(16)A certificate of approval for a food processing plant shall not be transferable.

(17)The Authority shall issue the applicant with a certificate of approval for a food processing plant under this regulation in Form 4H set out in the Fourth Schedule.

(18)A person who contravenes subregulation (1) commits an offence and shall be liable, on conviction, to a fine of five hundred thousand shillings, or to imprisonment for a period of one year, or to both.

25. Certification of a existing food processing plant

(1)A person shall not operate a food processing plant without a valid certificate of compliance.

(2)An application for a certificate of compliance of a food processing plant shall be—

(a)in Form 2J set out in the Second Schedule; and

(b)made to the Authority.

(3)An application under subregulation (2) shall be accompanied by the following documents—

(a)a design, construction and layout plan of the premises where the plant will be situated including its internal structures, materials and fittings;

(b)the requisite approval under the Environmental Management and Co-ordination Act (Cap. 387) in respect of the premises;

(c)a map indicating the location of the premises with clearly marked boundaries;

(d)a declaration of the source of water for the food processing plant;

(e)an approval from all relevant Government agencies in accordance with existing laws and regulations;

(f)a detailed project feasibility study for the food processing plant; and

(g)a declaration of the source of the food crops or food produce.

(4)An application under subregulation (2) shall be accompanied by an application for inspection of the premises—

(a)in Form 2H set out in the Second Schedule;

(b)submit the application in paragraph (a) to the Authority; and

(c)pay the prescribed fee set out in the Third schedule.

(5)Upon receipt of an application under subregulation (2), an inspector shall conduct an inspection and shall ensure the following—