ADVOKS GLOBAL · KENYA
The Crops (Food Crops) Regulations
13. Release order for an importer's consignment
Edition: 2025-10-28 · In force
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—(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.