ADVOKS GLOBAL · KENYA
The Crops (Food Crops) Regulations
25. Certification of a existing food processing plant
Edition: 2025-10-28 · In force
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—(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; and(k)the applicant has complied with the Act and these Regulations.(6)When the inspection under subregulation (5) 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.(7)Pursuant to the checklist submitted under subregulation (6), the Authority may—(a)within fourteen days of receipt of the recommendation, issue the applicant a certificate of compliance for a food processing plant; or(b)within seven days of receipt of the recommendation, reject the application made under subregulation (2) and give the reasons thereof.(8)Where an application has been rejected under subregulation (7)(b), the applicant may resubmit the application upon addressing the issues raised in the rejection.(9)Upon resubmission of a satisfactory application under subregulation (8), the Authority shall issue the applicant a certificate of compliance for a food processing plant.(10)A certificate of compliance for a food processing plant shall be valid for one year from the date of issuance unless it is revoked by the Authority.(11)A certificate of compliance for a food processing plant shall not be transferable.(12)An application under subregulation (1) shall be made within three months of the coming into force of these Regulations.(13)The Authority shall issue the applicant with a certificate of compliance for a food processing plant under this regulation in Form 4H set out in the Fourth Schedule.(14)A person who contravenes subregulations (1) and (11) 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.