Kenyan legislation

The Crops (Horticultural Crops) Regulations

Edition: 2022-12-31 · In force

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1. Citation.

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

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Crops Act (Cap. 318);"Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 317);"agreement" means a negotiated and binding arrangement between a dealer and a grower of horticultural produce;"collection centre" means an area established close to growers for bulking of produce for purposes of collective marketing and enforcement of quality standards;"crops inspector" means a person who is appointed as such, in writing, by the Authority in accordance with section 27 of the Act;"dealer" means a natural person, a company or a firm engaged in collecting, transporting, storing, buying or selling horticultural produce and includes a ship chandler, an exporter, an importer, processor or a marketing agent;"domestic market" means a market for horticultural produce that is situated within the country;"export" means the selling of horticultural produce in a market that is outside Kenya;"financial year" means the period of twelve months commencing on the first of July and ending on the thirtieth June of the subsequent year;"grower" means a person who cultivates horticultural crops in Kenya and includes a smallholder and a plantation grower;"horticultural crop" means a crop listed under the First Schedule;"import" means to bring into Kenya horticultural produce from another country;"levy" means a payment imposed on horticultural produce based on a criterion determined and published in the gazette by the cabinet secretary;"marketing agent" means a natural person, company or firm engaged in buying horticultural produce for sale in the domestic market or export market;"mother block" means an established area for plants known to be free from diseases and true to type that is used as a source of stock for propagation for the purpose of obtaining clean grafting or budding material;"national horticulture standards" means the Kenyan Horticulture Standards formulated and registered by the Kenya Bureau of Standards in consultation with the Authority and the horticulture industry;"nursery" means an area for raising and selling horticulture seedlings including tissue culture laboratories, greenhouses, shed nets and open fields;"nursery seedling operator" means a person who raises horticulture seedling for sale;"postharvest" means any process that horticultural produce is subjected to from the time the crop is harvested to the time the crop is consumed;"potable water" means water that has been tested and confirmed to be suitable for use in the processing of horticultural produce;"produce" means the harvested part of horticultural crop including roots, tubers, fruits, leafy part, berries or cut flowers ;"produce handling facility" means an area where horticultural produce is assembled for purposes of grading, sorting, packaging or storage and includes collection centres, pack houses, cold stores, supermarkets, retail and wholesale markets and grading sheds;"retail market" means a place where horticultural produce is sold to consumers;"rootstock" means a plant, including a stump, which already has an established healthy root system onto which a cutting or a bud from another plant is grafted;"scion" means a detached portion of a plant, a bud or shoot that is intended for grafting or budding to a rootstock;"seedling" means a plant that is sexually or asexually propagated as a vegetative planting material;"ship chandler" means a person registered and authorized by the Authority to supply horticultural produce to a ship or an aircraft;"traceability" means the ability to track horticultural produce and process owner from production to the final consumer and vice versa;"value addition" means the process of capturing and creating value of produce from its original state and includes sorting and grading, packaging, prepacking, canning and freezing;"vessel" means a carrier which can be used to convey horticultural produce from one point to another and includes a person, vehicle, ship, airplane, bicycle, handcart or motorbike; and"wholesale market" means a place where goods or merchandise are sold to retailers, industrial, commercial, institutional or other large- scale business users.

3. Application

These Regulations shall apply to all horticultural crops specified in the First Schedule─

(a)grown, processed or marketed in Kenya; and

(b)imported to or exported from Kenya.

4. Object of the Regulations

The object of these Regulations is to promote, develop and regulate the growth of the horticulture industry, to ensure that growers and dealers meet produce quality and food safety standards and to provide for the─

(a)organization and coordination of the horticulture industry;

(b)reduction of duplication and overlap of functions among institutions involved in the regulation of the horticulture industry;

(c)registration of nursery operators, grower associations and dealers;

(d)increased productivity and production of safe and quality horticultural produce;

(e)safe handling, storage, value addition and efficient distribution of horticultural produce;

(f)improved market access of horticultural produce; and

(g)establishment of systems for collection of integrated real time data for the horticulture value chain.

Part II – PRODUCTION AND PRODUCTIVITY

5. Approved sources of planting materials

(1)A commercial nursery operator shall not procure rootstock, scion or seed from a source that is not approved.

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

6. Obligation to register nurseries and mother blocks

(1)A person shall not operate a commercial nursery or a mother block for supply to the domestic market unless the person holds a valid certificate of registration from the respective county government.

(2)A person shall not operate a commercial nursery or mother block for supply to the export market unless the person holds a valid certificate of registration from the Authority.

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

7. Registration of nurseries or mother blocks for domestic market.

(1)A person who intends to operate a commercial nursery or a mother block for supply to the domestic market shall apply for registration to the respective county government in Form 1 set out in the Second Schedule.

(2)The county government shall not issue a certificate of registration unless a county crops inspector has visited and inspected the site and has confirmed that the applicant complies with the following requirements—

(a)sanitation standards are maintained at the propagation area;

(b)the seedlings are protected from diseases and pests;

(c)the area is free from organic and inorganic litter;

(d)there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch;

(e)the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination;

(f)the planting media used is free from microbial and chemical contamination;

(g)the nursery layout is secured from animals and other pests;

(h)the layout has East to West orientation, has a gentle slope and allows for good drainage;

(i)there are structures in place for the nursery operations including shade nets, polytunnels and insect proof net, a certified laboratory for tissue culture material and a hardening off area;

(j)the scion, seeds or rootstock are obtained from an approved source;

(k)the nursery seedlings are labelled with the seedling type, date of planting, grafting or budding where applicable;

(l)the seedlings ready for dispatch are tagged or labelled appropriately indicating the seedling variety;

(m)the distribution records of the nursery showing the buyer’s name, county, sub county, ward, postal address and varieties purchased are maintained;

(n)the nursery is located one hundred meters away from the orchard to prevent cross pollination; and

(o)the operator or the operator’s agent has adequate knowledge of nursery management and horticultural techniques in respect of the horticultural crops to be grown.

(3)The county government shall, if satisfied that the applicant meets the requirements in subregulation (2), issue a certificate of registration in Form 2 set out in the Second Schedule to the applicant in respect of the inspected site.

(4)A certificate of registration for a commercial nursery or a mother block shall not be transferrable and shall expire at the end of the financial year.

(5)An application for renewal of registration shall be made to the respective county government at least three months before the expiry date in Form 1 set out in the Second Schedule.

8. Registration of nurseries or mother blocks for export market

(1)A person who intends to operate a commercial nursery or mother block for supply to the export market shall make an application to the Authority in Form 3 set out in the Second Schedule.

(2)The Authority shall issue a certificate of registration after a crops inspector has visited and inspected the site and confirmed that it complies with the following minimum requirements—

(a)sanitation standards are maintained at the propagation area;

(b)the seedlings are protected from diseases and pests;

(c)the area is free from organic and inorganic litter;

(d)there is clear separation of operations, including soil mixing and potting, seedling area, grafting area, hardening area and dispatch;

(e)the water source is year-round, adequate, of recommended PH and is free from chemical and microbial contamination;

(f)the planting media used is free from microbial and chemical contamination;

(g)the nursery layout is secured from animals and other pests;

(h)the layout has East to West orientation, has a gentle slope and allows for good drainage;

(i)there are structures in place for the nursery operations including shade nets, polytunnels, insect proof nets, a certified laboratory for tissue culture material and hardening off area;

(j)the scion, seeds or rootstock are obtained from an approved source;

(k)the nursery seedlings are labelled with the seedling type, the date of planting, grafting or budding, as the case may be;

(l)the seedlings ready for dispatch are tagged or labelled appropriately, indicating the seedling variety;

(m)the distribution records of the nursery showing the buyer’s name, county, sub county, ward, postal address and varieties purchased are maintained;

(n)the nursery is located 100 meters away from the orchard to prevent cross pollination; and

(o)the personnel working in the nursery have basic training in nursery management.

(3)The Authority shall, if satisfied that the applicant meets the requirements in subregulation (2), issue a certificate of registration in Form 4 set out in the Second Schedule to the applicant in respect of the inspected site.

(4)A certificate of registration issued under this regulation shall not be transferrable and shall expire at the end of the financial year.

(5)An application for renewal of registration shall be made to the Authority at least three months before the expiry date in Form 3 set out in the Second Schedule.

9. Conditions of nursery registration certificate.

(1)An operator of a commercial nursery or a mother block shall, on request by an inspector, produce the certificate of registration.

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

10. Revocation of certificate of nursery or mother block registration.

The Authority or county government may revoke a certificate of registration issued to a nursery or a mother block operator if that operator contravenes the provisions of the Act, any regulations issued under the Act or any conditions specified in the certificate.

11. Certification of 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.

12. Nursery records and returns

(1)A commercial nursery operator who is registered by the Authority or county government shall keep records of distributed planting materials and shall produce the records on demand for inspection.

(2)The records referred to in subregulation (1) shall indicate the varieties purchased and the buyer’s name, county, sub-county, ward and postal address.

(3)A nursery operator shall submit annual statistical returns to the Authority Form 5 set out in the Second Schedule.

(4)A person who contravenes subregulation (1) or (3) commits an offence.

13. Registration of grower associations.

(1)A plantation grower or a grower association may apply to the Authority for registration in Form 6 set out in the Second Schedule.

(2)The application made under subregulation (1) shall be accompanied by—

(a)a certificate of registration;

(b)a list of the association’s officials;

(c)a list of the registered members;

(d)a list of horticultural crops grown by the members;

(e)the code of conduct for the association.

(3)No fee shall be charged for the registration of grower associations.

(4)The Authority shall, if satisfied that the applicant meets the requirements for registration, enter the name and particulars of the association in the register and issue a certificate of registration subject to such terms and conditions as it deems necessary.

14. Registration of dealers in the domestic market

(1)A person who intends to deal in horticultural crops in the domestic market shall make an application to the Authority in Form 7 set out in the Second Schedule.

(2)If the Authority is satisfied that the applicant meets the registration requirements, the Authority shall issue a certificate of registration to the applicant.

(3)A certificate of registration issued under this regulation shall be in Form 8 set out in the Second Schedule.

(4)A dealer shall conspicuously display the certificate issued under subregulation (3) at his place of business.

(5)A certificate of registration issued under this regulation shall not be transferrable shall be valid until the thirtieth of June next following the date of issue.

(6)An application for renewal of registration shall be made to the Authority at least three months before the expiry date in Form 7 set out in the Second Schedule.

15. Registration of horticultural produce clearing agents.

(1)A clearing agent who intends to clear horticultural produce shall apply to the Authority for registration in Form 9 set out in the Second Schedule.

(2)The application under subregulation(1) shall be accompanied by—

(a)the fee set out in the Third Schedule

(b)a copy of the certificate of incorporation;

(c)a copy of the customs license;

(d)a copy the Kenya Revenue Authority PIN certificate;

(e)a copy of the certificate from the Kenya International Freight and warehouse Association of Kenya;

(f)a contract or an agreement between the clearing and forwarding agent and the exporter;

(g)two coloured passport photos for a processing clerk;

(h)a copy of the national identification card for the processing clerk; and

(i)a copy of a certificate of good conduct from the National Police Service for the processing clerk.

(3)The Authority shall, if satisfied with that the application meets the registration requirements, enter the name of the applicant in the register and issue the applicant with a certificate in Form 10 set out in the Second Schedule subject to such terms and conditions it deems necessary.

Part III – QUALITY ASSURANCE AND MARKETING

16. Monitoring of quality standards

(1)The Authority shall, in collaboration with relevant Government agencies and county governments, ensure that horticultural crop inputs and produce conform to these Regulations, national, regional and international horticulture standards.

(2)Every county government shall facilitate the development of market infrastructure to support the implementation of national standards.

17. Safe production and handling of horticultural produce

(1)A person shall not use water, planting media or fertilizer that contains microbial or chemical contaminants for production of horticultural crops.

(2)Water used for postharvest and processing of horticultural produce shall be of potable quality.

(3)Every county government shall ensure that all collection centres, retail and wholesale markets, food stores and pack houses are provided with sanitary facilities.

(4)A person who contravenes subregulation (1) or (2) commits an offence.

18. Produce handling and grading at the farm

(1)Horticultural produce shall be harvested at the right stage of maturity for the intended use.

(2)Harvested produce shall be handled by personnel with skills and knowledge on food safety.

(3)Horticultural produce shall be harvested in the morning or evening or during cool parts of the day and kept under a shade.

(4)Harvested produce shall be protected from dust and other contaminants.

(5)Appropriate harvesting equipment and containers shall be used for harvesting horticultural produce.

(6)Horticultural produce shall be harvested using clean crates or clean buckets.

(7)Horticultural produce shall be sorted and graded as appropriate and produce unfit for the market shall be separated from marketable produce at the field level.

(8)A collection shed shall be constructed for receiving produce at the field level.

(9)A collection shed shall—

(a)be accessible to both growers and dealers;

(b)be designed to allow for a store, working area and shade;

(c)have floors, doors, wall surfaces made with materials which are easy to clean and disinfect;

(d)be constructed to allow for adequate ventilation, lighting, effective produce inspection and made of acceptable materials;

(e)have potable water and adequate sanitation facilities;

(f)have waste disposal facilities;

(g)have clear documentation procedures and document control systems; and Produce handling and grading at the farm.

(h)have traceability details of any produce that is collected.

(10)A person who contravenes subregulation (1), (2), (4), (6), (8) or (9) commits an offence.

19. Minimum conditions for produce handling facilities

(1)The processing and packaging of horticultural produce shall be carried out under clean, hygienic and safe conditions as set out in the National Horticulture Standards and the Public Health Act (Cap. 242).

(2)The working areas and premises of a produce handling facility shall be kept free of waste materials.

(3)Any person who is within a produce handling facility shall wear protective clothing at all times.

(4)Any hand used equipment or grading table shall be rust proof and easy to clean.

(5)The floor layout for a produce handling facility shall allow for smooth flow of produce with adequate separation of raw materials and finished products.

(6)The floors, doors and wall surfaces of a produce handling facility shall be made of impervious, nonabsorbent, non-toxic washable material which is easy to clean and disinfect.

(7)A produce handling facility shall have adequate ventilation, temperature control and lighting.

(8)A produce handling facility shall be designed and constructed to prevent entry of dust, domestic animals, rodents, insects, birds, or any other unwanted animals.

(9)A person shall not smoke, eat or drink in a produce handling facility and appropriate signs shall be displayed in the facility to that effect.

(10)Packaging materials shall be kept off the floor in a clean dry storage area that is free from the risk of contamination.

(11)Horticultural produce shall move through the facility operation in the order that it is received, first in first out.

(12)The traceability of horticultural produce shall be documented throughout the process chain.

(13)A person who contravenes any provision in this regulation commits an offence.

20. Requirements for packaging, transportation and storage of horticultural produce and products

(1)The packaging material for horticultural produce shall be designed to suit the transport handling system and shall meet market requirements.

(2)The package weight of horticultural produce shall not exceed fifty kilogrammes.

(3)The packaging material used for horticultural produce shall have the capacity to contain the produce, enabling the required quantity to be handled as one-unit up to the targeted destination without collapsing.

(4)Horticultural produce shall, during storage and transportation, be kept at the temperature and humidity levels prescribed in the specific commodity standards for that produce.

(5)Horticultural produce shall not be stored or transported together with other produce which may contaminate them or otherwise adversely affect their quality.

(6)A vessel for transportation of horticultural produce shall be built and equipped to ensure maintenance of optimal temperatures and hygiene and to prevent damage, contamination and spoilage of produce.

(7)Horticultural produce offered for export shall conform to the national labelling and packaging standards.

(8)Every packaging material for horticultural produce for the export market shall be branded as "produce of Kenya" using the national logo prescribed by the national institution responsible for branding.

(9)A person handling horticultural produce shall—

(a)after every six months, undergo a medical test and be issued with a medical certificate; and

(b)be trained on produce handling.

(10)A person who contravenes any provision in this regulation commits an offence.

21. Safe use of pesticides

(1)A grower shall use only the pest control products registered by Pest Control Product Board in accordance with the label instructions.

(2)A grower shall maintain all records of pest control products used and avail the records to a crops inspector on demand.

(3)The minimum records kept by a grower for traceability shall include—

(a)the name of the crop previously grown in the same field;

(b)the type of seed used;

(c)seed dressing product used;

(d)date of planting;

(e)pest and disease records;

(f)pest product used in spraying;

(g)method of application of pest control products;

(h)weather conditions during the application of pest control products;

(i)date and rate of application of pest control products;

(j)irrigation frequency and dates of irrigation;

(k)harvesting dates and weather conditions during harvesting;

(l)the spray operator and equipment used; and

(m)sprayer and equipment calibration records.

(4)A person shall not use post-harvest treatment products that are not registered by the Pest Control Product Board.

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

22. Traceability of produce

(1)A dealer in horticultural produce shall declare to the Authority the source of his produce—

(a)in the case of a farm owned by the dealer, in Form 11 set out in the Second Schedule;

(b)in the case of produce sourced from contracted growers, in Form 12 set out in the Second Schedule; or

(c)in the case of produce obtained from retail or wholesale markets, in Form 13 set out in the Second Schedule.

(2)A dealer in horticultural produce shall put in place the National Horticulture Traceability System or an equivalent traceability system as may be approved by the Authority.

(3)A dealer in horticultural produce shall not deal with marketing agents who are not registered with the Authority.

(4)A dealer in horticultural produce shall put in place a quality management system for withdrawal and recall of produce to address food safety concerns with potential to harm human health.

(5)A person who contravenes any provision in this regulation commits an offence.

23. Contract farming

(1)A grower supplying produce to a dealer shall sign a contract with the dealer.

(2)A dealer shall not—

(a)sponsor the growing of a horticultural crop for trading without notifying the Authority;

(b)collect produce from a sponsored production scheme unless authorized in writing to do so by the sponsoring firm;

(c)return horticultural produce collected from a grower contrary to the contract; or

(d)impose contractual terms on the grower that do not comply with the horticultural code of conduct.

(3)A person who contravenes regulation (2) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a period not exceeding six months or both.

24. Enforcement of quality standards

(1)Produce in collection centres, stores, pack houses, markets, warehouses may be randomly sampled and tested by the Authority in collaboration with county government and relevant agencies from time to time to ensure conformity with food safety and quality requirements.

(2)A dealer shall not operate without a compliance certificate in Form 14 set out in the Second Schedule.

(3)A dealer shall not be issued with a compliance certificate unless a Crops inspector—

(a)has visited and inspected the farm and confirmed that it complies with food safety and quality standards; and

(b)is satisfied that the dealer has adequate knowledge of national, regional and international market requirements.

25. Consequences of non-compliance with standards

Horticultural produce that does not conform to the set national and international standards and has been declared so by the Authority shall—

(a)in the case of produce that does not comply with food safety standards, be seized, detained or destroyed at the cost of the offender; and

(b)in the case of produce presented using forged export documents or exported using forged phytosanitary certificate, export certificate or any compliance certificate, be destroyed upon interception and the offender suspended from export dealership for one year.

26. Consequences of non-compliance with standards

(1)A person who intends to be registered as an importer of horticultural produce shall apply to the Authority for a horticultural produce import licence in Form 15 set out in the Second Schedule.

(2)The application under subregulation (1) shall be accompanied by—

(a)a copy of the certificate of incorporation, for local companies;

(b)a copy of the certificate of compliance for a branch of a foreign company;

(c)Kenya Revenue Authority PIN certificate for the company;

(d)a valid tax compliance certificate from the Kenya Revenue Authority;

(e)a copy of a valid business permit;

(f)copies of the identity cards or passports of the directors;

(g)copies of a passport and valid work permit of the directors, if they are foreigners;

(h)the fee set out in the Third Schedule.

(3)The Authority may require the personal attendance of the applicant or an authorized representative of the applicant for interview before granting a licence.

(4)If the Authority is satisfied that the applicant has satisfied the requirements for registration, the Authority shall issue the applicant with an import licence in Form 16 set out in the Second Schedule.

(5)If the Authority refuses to grant an import licence, it shall inform the applicant of such refusal in writing, giving reasons thereof.

(6)A licence issued under this regulation shall be valid from first July up to thirtieth of June of the following calendar year unless earlier cancelled.

(7)An import licence shall not be transferrable.

(8)A person who imports horticultural produce without a valid horticultural crop import licence commits an offence.

27. Import certificate

(1)A registered importer who intends to import a consignment of horticultural produce shall apply to the Authority for a horticultural produce import certificate in Form 17 set out in the Second Schedule.

(2)The application under subregulation (1) shall be accompanied by—

(a)copies of importation and customs entry documentation;

(b)the import permit for shipment of the specific consignment;

(c)evidence of payment of duties and levies;

(d)a certificate of origin and contact details of the exporters and importers from whom the consignment was procured; and

(e)the fee set out in the Third Schedule.

(3)The Authority shall, on receipt of the application, analyse samples of the consignment in respect of which the application is made at the port of entry.

(4)If the Authority is satisfied that the consignment of horticultural crops meets the import requirements, the Authority shall issue the applicant with an import certificate in form 18 set out in the Second Schedule.

(5)Any consignment of horticultural produce that is smuggled or does not conform to the quality standards shall be seized, detained and disposed of or destroyed in an appropriate manner by the Authority at the cost of the offender.

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

28. Export licence

(1)A person who intends to be registered as an exporter of horticultural produce shall apply to the Authority for a horticultural produce export licence in Form 19 set out in the Second Schedule.

(2)The application under subregulation (1) shall be accompanied by—

(a)a copy of the certificate of incorporation, for local companies;

(b)a copy of the certificate of compliance for a branch of a foreign company;

(c)the Kenya Revenue Authority PIN certificate for the company;

(d)a valid tax compliance certificate from the Kenya Revenue Authority;

(e)a copy of a valid business permit;

(f)copies of the identity cards or passports of the directors;

(g)copies of a passport and valid work permit of the directors, if they are foreigners;

(h)the registration fee set out in the Third Schedule;

(i)produce traceability records;

(j)contracts from contracted produce sources; and

(k)documents indicating that the applicant operates from a registered packing facility.

(3)The Authority shall, upon receipt of the application—

(a)inspect the farm where the horticultural produce is grown and issue the applicant with a farm inspection report, if the inspected farm complies with good agricultural practices;

(b)inspect the pack house facility and issue the applicant with a pack house inspection report and enter the pack house in the register, if the facility has complied with food safety requirements; and

(c)inspect the transport vessel used for transporting produce and issue the applicant with a transport inspection report, if the vessel has complied with food transportation standards.

(4)The Authority may require the personal attendance of the applicant or an authorized representative of the applicant for an interview before granting a license.

(5)The Authority shall, if satisfied with the application, enter the name of the exporter in the register and issue the applicant with an export licence in Form 20 set out in the Second Schedule subject to such terms and conditions it deems necessary.

(6)If the Authority refuses to grant an export licence, it shall inform the applicant of such refusal in writing, giving reasons thereof.

(7)A license issued under this regulation shall not be transferrable and shall be valid from first July to thirtieth of June of the following calendar year unless earlier cancelled.

(8)An application for renewal of an export licence made thirty days before the expiry of an export licence and shall be in Form 19 set out in the Second Schedule shall be accompanied by—

(a)certified copy of business trading permit from the respective county government;

(b)valid tax compliance certificate from the Kenya Revenue Authority;

(c)farm and pack house inspection report from the Authority;

(d)annual marketing and production returns for the previous year and season;

(e)records of produce traceability;

(f)contracts from contracted produce sources; and

(g)documents indicating that the applicant operates from a registered packing facility.

(9)A person who exports horticultural produce without a valid horticultural crop export licence commits an offence.

29. Export certificate

(1)A person who intends to export a consignment of horticultural produce shall apply to the Authority for an export certificate in Form 21 set out in the Second Schedule.

(2)The application in subregulation (1) shall be accompanied by—

(a)a copy of the horticultural produce export license;

(b)a copy of the consignment invoice certified by Kenya Plant Health Inspectorate Service indicating—

(i)the product name;

(ii)the destination of the product;

(iii)the consignee;

(iv)the flight details:

(v)the unit value of the produce, indicating the currency; and

(vi)the weight of each product being exported in Kilograms; and

(c)a maturity inspection report for mangoes and avocadoes.

(3)If the Authority is satisfied that the consignment of horticultural produce meets the export requirements, the Authority shall issue the applicant with an export certificate in Form 22 set out in the Second Schedule.

(4)A person who exports horticultural produce from Kenya without an export certificate commits an offence and shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a period not exceeding one year, or both.

30. Import and export returns

(1)A registered exporter or importer of horticultural produce shall maintain accurate records of transactions relating to horticultural produce and shall submit quarterly returns to the Authority in Form 23 set out in the Second schedule.

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

31. Appeals

(1)An applicant for or a holder of a licence or certificate who is aggrieved by a decision of the Authority on or in respect of—

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

(b)the conditions imposed on the grant, renewal or variation, of a licence, may appeal to the Cabinet Secretary.

(2)An appeal under this regulation shall be lodged within thirty days from the date on which the appellant first received notice of the decision.

Part IV – MISCELLANEOUS PROVISIONS

32. Fees

The applicable fees for services rendered under these Regulations shall be as set out in the Third Schedule.

33. Levies

(1)There shall be a levy, based on the customs value, imposed on all horticultural crops destined for export other than those canned, bottled, preserved, dehydrated or delivered to operators for canning and processing factories at the rate of 0.25 per cent of the customs value.

(2)There shall be a levy imposed on all horticultural crops—

(a)imported as finished products at the rate of four percent of the import value; and

(b)imported as fresh products or raw materials at a rate of two percent of the import value.

(3)The levy due under subregulation (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.

(4)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.

(5)A person who fails to remit any levy on time as provided under these regulations shall, where directed by the Authority in writing, in addition to paying the levy—

(a)pay an interest of twenty-five percent for the first month or part of the month in which the levy remains unpaid; and

(b)pay twelve percent compound interest for each subsequent month or part of the month in which the levy remains unpaid.

(6)The interest rate set out in subregulation (2) shall be payable on a monthly basis.

(7)The levy imposed under paragraph (1) and (2) shall be used for the operations of the Authority and development of the industry.

34. Alteration, suspension and revocation of licences or certificates

(1)The Authority may alter, suspend or revoke a license or certificate issued under these Regulations if in its opinion the Act, these Regulations or a condition of the licence has been contravened.

(2)The Authority shall, before altering, suspending or revoking a license, give the person a fourteen days’ notice to make representations.

35. General penalty

A person who contravenes the provisions of these Regulations for which no specific penalty is provided commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months or both.

36. Transitional provisions

Any certificate or license issued before these Regulations come into operation shall remain valid until expiry, and subsequent certificates or license shall be issued under these Regulations.

37. Revocation L.N No. 190 of 2011

The Horticultural Crops Development Authority Order, 2011 is revoked.

Source: Kenya Law · Imported 4 October 2026