ADVOKS GLOBAL · KENYA
The Crops (Irish Potato) Regulations
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In these Regulations, unless the context otherwise requires —"Act" means the Crops Act (Cap. 318);"Area" means the area of jurisdiction of a county government;"Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act (Cap. 317);"bulk" means unpackaged quantities;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for Agriculture;"collection centres" means centres designated and registered by a county government to serve as buying stations for irish potato produce, packaging houses, pick up points and meeting places for farmers 'and growers' cooperatives and associations;"commercial activity" means collecting, transporting and storing irish potatoes for trade;"consignment" means—(a)for purposes of transportation of irish potato produce within the country, a vessel load for which a Certificate of Produce has been issued in accordance with regulation 17; and(b)for purposes of import and export, the declared lot of irish potatoes;"customs port of entry or exit" means an airport, seaport or land border point officially designated for the importation or exportation of consignments of crop irish potato produce and products"County government" shall have the meaning assigned to it under Article 176 - of the Constitution;"dealer" means any person, company or firm engaged in collecting, transporting, storing, buying or selling of irish potatoes on a commercial basis, and includes a marketer, transporter, warehouse operator, collection centre operator, importer and exporter;"exporter" means any person, firm or corporate body licensed by the Authority to engage in the business of exporting Irish potatoes out of Kenya;"grower association" means any association, cooperative society, corporate body, union or federation of irish potato growers or any other legal entity comprising of irish potato farmers;"importer" means any person, firm or corporate body licensed by the Authority to engage in the business of importing irish potatoes into Kenya;"Inspector" means an officer appointed by the Authority in accordance with section 27 of the Act, or an officer appointed by the county government as an inspector under these Regulations;"irish potato" means the tuber of the plant botanically known as solanum tuberosum and for purposes of these Regulations refers to potatoes traded purely for consumption and processing;"large-scale grower" means a person who cultivates irish potatoes in an area of more than four hectares and uses best practices to optimize production;"market" means a medium, a designated place or structure by a county government where buyers and sellers interact for trade in irish potatoes;"marketing agent" means any person registered by the county government who collects and sells irish potatoes in wholesale at a designated market;"medium" means a place where buyers and sellers trade in irish potatoes and includes but is not limited to car boot sales, mobile and internet commerce applications and other exchange;"non-commercial activity" means collecting, transporting and sorting of irish potatoes for domestic consumption;"production area" means a region or area where growers cultivate irish potatoes;"respective county government" means the county government for the area where the irish potato crop is grown;"smallholder grower" means a person who cultivates irish potatoes in an area of four hectares or less;"transporter "means any person who engages in movement of irish potatoes from one point to another but excludes non-commercial activity;"vehicle" means any modern and traditional mode of transportation used for the movement of irish potatoes; and"warehouse" or "store" means a building, premise, establishment, facility or a place, in whole or in part registered under these Regulations where irish potatoes are stored, kept or held for wholesale distribution to other wholesalers or retail outlets, restaurants, and any such other facility selling or distributing to the ultimate consumer.