ADVOKS GLOBAL · KENYA
The Crops (Horticultural Crops) Regulations
28. Export licence
Edition: 2022-12-31 · In force
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.