The Crops (Horticultural Crops) Regulations
2. Interpretation
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.Source: Kenya Law