ADVOKS GLOBAL · KENYA
Kenyan legislation
The Crops (Nuts and Oil Crops) Regulations
Edition: 2025-02-14 · In force
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Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Crops (Nuts and Oil Crops) Regulations.2. Interpretation
In these Regulations unless the context otherwise requires—"Act" means the Crops Act (Cap. 318);"agent" means a dealer acting on behalf of a licensed player and can be a marketing agent or clearing agent;"annual crop" means plants that complete their entire life cycle from seed to flower and to seed within a single growing season in this case includes rape seed, groundnuts, sesame, castor bean, sunflower, safflower, linseed, jojoba and any other similar nut and oil crop as may be scheduled;"authorized agent" means a person appointed in writing by the Authority to carry out specific duties and functions in the nuts and oil crops subsector on behalf of the Authority;"Authority" means the Agriculture and Food Authority established by section 3 of the Agriculture and Food Authority Act (Cap. 317);"certificate" means a document issued by the Authority or the County Government for a specified purpose upon fulfilling certain requirements;"collection center" means a designated site that is established for the purposes of storage and marketing of different nuts and oil crops produce and products;"commercial nursery" means an approved site where nuts and oil crops seedlings are raised for sale;"County Government" shall have the meaning assigned to it under Article 176 of the Constitution;"crop inspectors" means persons appointed as inspectors in accordance with section 27 of the Act;"dealer" includes a person engaged in either collecting, transporting, storing, distributing, or buying and selling nuts and oil crops produce, products or by-products and includes marketing agents, exporter, importer and ship chandler. For purposes of these regulations, a commercial nursery operator is also a dealer;"Directorate" means the Directorate established under the Agriculture and Food Authority Act (Cap. 317) for the time being responsible for matters related to scheduled nuts and oil crops;"export" means to move or ship locally (Kenyan) produced nuts and oil crops produce or products to another country;"grower" means any person who cultivates nuts and oil crops in Kenya and may be a small-holder or plantation grower;"grower associations" means any association, common interest group, community-based group, co-operative, union or federation of nuts and oil crops growers or any other legal entity comprised of nuts and oil crops growers;"import" means to bring into Kenya, nuts and oil crops produce or products from another country;"licensee" means a person who holds a license granted under the Crops Act (Cap. 318) or these Regulations;"manufacture" means the processing of all nuts and oil crops produce and products and includes cracking, grading, packaging, labelling and distribution of nuts and oils crops products for sale; and does not include de-husking and drying;"manufacturer" means a processing facility that transforms nuts and oil crops produce or products into various end use products;"mother block" means an area set aside with selected plants for the purpose of obtaining clean planting, grafting and budding material;"mother plant" means a tree that has been identified and approved by the relevant authority as a source of planting, grafting or budding material;"nuts and oil crops" means any of the crops listed under the First Schedule and includes such other crops that the Cabinet Secretary may on the advice of the Authority, gazette to be a scheduled crop under section 7 of the Crops Act (Cap. 318);"perennial crop" means plants that persist for many growing seasons and in this case includes macadamia, cashew, coconut, oil palm, and any other nuts and oil crop that may be scheduled from time to time;"person" includes an individual, company, firm, co-operative society, association or a corporation;"plantation grower" means a grower with fifty acres or more for perennial crops or ten acres or more for annual crops;"raw macadamia nut" means unprocessed produce still in shell, whether wet or dry;"raw cashew nut" means unprocessed produce still in shell;"record" means a written or electronic data or information relating to a process or procedure;"rootstock" means the part of a plant which forms the root system of the plant, and into which a scion cultivar is grafted or budded;"scion" means a detached shoot or bud used in vegetative propagation in the process of grafting or budding;"ship chandler" means a person registered and authorized by the Authority to supply nuts and oil crops produce and products to a ship or an aircraft;"single window system" means a platform hosted by a government agency responsible for trade facilitation for clearing exports and imports electronically;"small-holder grower" means a grower with less than 50 acres under perennials or less than 10 acres under annuals for nuts or oil crop;"stakeholder" means any person involved directly or indirectly in the nuts and oil crops industry; and"traceability" means ability to track nuts and oil crops produce and products from production to the final consumer and vice versa.3. Application
These Regulations shall apply to the nuts and oil crops set out in the First Schedule.4. Purpose of Regulations
(1)The purpose of these Regulations is to guide the development, promotion, and regulation of scheduled nuts and oil crops for the benefit of the growers and other stakeholders in the nuts and oil crops industry.(2)Without prejudice to the generality of subregulation (1), the purpose of these Regulations is to provide for—(a)the production, harvesting, processing and marketing of nuts and oil crops;(b)promotion of best practices in the sub sector;(c)registration and licensing of all players along the value chain;(d)the recommendation of general industry agreements or contracts;(e)the development and enforcement of quality and safety standards for compliance;(f)the collection, collation, maintenance and management of statistical data related to the sub sector;(g)the imposition and administration of levies; and(h)regulation of the sub sector.Part II – REGISTRATION AND LICENSING
5. Registration of small-holder growers and grower associations
(1)A small-holder grower may, for purposes of accessing economies of scale, register with an association, common interest groups, community based organizations and co-operatives registered by the respective County Government under these Regulations.(2)A small-holder grower association cultivating nuts and oil crops shall apply to the respective County Government for registration in Form A1 as set out in the Second Schedule.(3)The respective County Government shall issue a certificate of registration to small-holder grower associations in Form A2 as set out in the Second Schedule.(4)All small-holder grower associations cultivating nuts and oil crops shall maintain a register of their members in the manner set out in Form A3 of the Second Schedule.(5)The Authority shall, in consultation with the respective county government, using the information obtained from a duly filled Form A3 of the Second Schedule, maintain a register of all smallholder growers associations in the manner set out in Form A4 of the Second Schedule.6. Registration of plantation growers
(1)A nuts and oil crops plantation grower may apply to the Authority for registration as set out in Form B1 of the Second Schedule.(2)The Authority shall issue a Certificate of Registration to a registered plantation grower in Form B2 as set out in the Second Schedule.7. Commercial Nursery registration and licensing.
(1)A person who intends to establish or operate a commercial nursery in any area shall register with the Authority and apply for a licence in Form C1 set out in the Second Schedule.(2)A person who contravenes the provisions of this regulation commits an offence.8. Issuance of commercial nursery license.
(1)The Authority shall issue a licence to a successful applicant in Form C2 set out in the Second Schedule within thirty days, upon payment of fee set out in Third Schedule.(2)The Authority shall, before issuing the licence under sub regulation (1), satisfy itself that the applicant has met all the requirements as set out in the Part A of the Fourth Schedule.(3)An unsuccessful applicant shall be notified in writing within seven days of the decision, of the reasons for the rejection of the application.(4)The applicant under sub regulation (2) may re-apply for registration upon fulfilment of all the necessary requirements.(5)A person who contravenes the provisions of this regulation commits an offence.9. Mother plants/ mother block registration
(1)A persons who intends to establish a nuts and oil crops mother plant and mother block for use as source of clean planting materials or scions for grafting or budding shall register the mother plant/mother block with government agencies responsible for national plant protection matters.(2)The national plant protection agencies shall share the details of persons registered under sub regulation (1) with the Authority and with the respective County Government.(3)A nursery operator shall only source their planting materials from mother plant /mother blocks registered under these Regulations.10. Registration and licensing of traders, retailers, transporters, marketing agents, warehousemen and distributors
(1)A person who intends to aggregate, trade, retail, transport, distribute or warehouse nuts and oil crops produce and products for commercial purposes shall make an application for registration and licensing to the Authority in Form DI as set out in the Second Schedule.(2)The Authority shall issue a licence to a successful applicant under sub regulation (1) in Form D2 set out in the Second Schedule upon payment of fees set out in the Third Schedule.(3)A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction, to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings, or to both.11. Registration and licensing of importers and exporters
(1)A person who intends to import or export nuts and oil crops produce or products shall make an application for registration and licensing to the Authority in Form E1 as set out in the Second Schedule and meet the requirements set out in Part C of the Fourth Schedule.(2)The Authority shall, within fourteen days of the application, issue a successful applicant with a licence in Form E2 set out in the Second Schedule and upon payment of the fee set out in Third Schedule.(3)A person who contravenes the provisions of this regulation commits an offence and shall upon conviction, be liable to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings, or to both.12. Application for approval to establish a manufacturing facility
(1)A person who intends to establish a new manufacturing facility shall, before establishing the manufacturing facility, apply for approval from the Authority using the application form set out in Form F1 in the Second Schedule.(2)The Authority shall within thirty days of the application, verify that the applicant under sub regulation (1) has fulfilled all the requirements set out in Form F2 of the Second Schedule before issuing the applicant with a letter of interim authority.(3)Upon completion of the facility, the applicant shall make a written application for inspection of the facility to the Authority and pay the inspection fee set out in Third Schedule.(4)Upon receipt of the letter under sub regulation (3) the Authority shall conduct an inspection of the facility and issue the applicant with a letter indicating the outcome of inspection within thirty days of the inspection.(5)The letter of interim authority issued under sub regulation (2) shall be valid for a period two years and shall be renewable once for a period of one year where the construction of the facility is not completed within the first two years.13. Issuing of Manufacturing Licence
(1)A person who intends to manufacture nuts and oil crops produce or products shall make an application for a licence to the Authority in Form G1 as set out in the Second Schedule.(2)The Authority shall consider the application under paragraph (1) and notify the applicant of the decision on grant within thirty days.(3)The Authority shall, at least thirty days before granting a licence under these Regulations, give notice of the proposed grant in the Gazette.(4)Upon the expiry of the notice issued under sub regulation (3), and where no objections have been raised, the Authority shall issue a licence to a successful applicant in Form G2 set out in the Second Schedule upon payment of the fee set out in the Third Schedule.(5)Where, upon the publication of the notice under sub regulation (3) an objection is raised, the aggrieved party may appeal to the Cabinet Secretary in the manner set out in regulation 18.14. Renewal of Licences
(1)Every licence granted under these Regulations shall expire on 30th of June following the date of issue unless otherwise stated or earlier cancelled.(2)Applications for renewal shall be made to the Authority not later than the first day of the month of June in which the current license is due to expire.(3)Where the applicant fulfils all the requirements necessary for the renewal of the licence and pays the renewal fee set out in Third Schedule, the Authority shall renew the licence within fifteen days after the expiry of the current licence.15. Additional information
The Authority or the county government as the case may be, may require an applicant to supply such additional information as it may consider necessary in relation to the application for registration, licence or renewal of a licence or registration.16. Decision on registration, licensing and renewal
(1)The Authority or the county government as the case may be shall, when considering an application for new registration or renewal of registration, make a decision within fifteen days of the application.(2)The Authority shall, when considering an application for a new licence under these Regulations, make a decision within thirty days upon receipt of a complete application and shall forward the details of successful applicants for publication in the Gazette for thirty days.(3)The Authority shall, when considering an application for renewal of a licence under these Regulations, make a decision within thirty days upon receipt of an application(4)In case of an unsuccessful application, the Authority shall review re-submitted application for consideration upon fulfilling the set requirements.17. Licensing fee.
Every dealer and manufacturer shall pay the licensing fee set out in the Third Schedule.18. Revocation, suspension or varying of a licence
(1)The Authority may revoke, suspend or vary a licence issued to a dealer or manufacturer if the person—(a)fails to comply with these Regulations or the conditions set out in the licence; or(b)commits an offence under the Act, these Regulations or any other written law in respect of the activity for which they have been licensed.(2)An applicant for a licence who is aggrieved by the decision of the Authority in respect of the grant, refusal, renewal, variation or revocation or the conditions imposed on the licence may appeal to the Cabinet Secretary for a review of the decision of the Authority in accordance with section 25 of the Act.(3)The appeal shall be in writing and be delivered to the Cabinet Secretary within thirty days from the date of notification of the decision by the Authority.(4)The Cabinet Secretary shall consider the appeal and give a written feedback to the affected party within forty five days of receipt of the appeal.19. Certificate of registration, license or permit not transferable
A certificate of registration, licence or permit issued under these Regulations shall not be transferrable to any other entity and shall only be applicable to the parcel of land, nursery or premise to which it has been issued.Part III – PRODUCTION, PROCESSING AND MARKETING PROVISIONS
20. Approved seed or planting material source
(1)A person growing nuts and oil crops shall procure seeds or planting materials or seedlings from sources approved by the government agencies responsible for inspection and certification of seeds and planting materials or seedlings.(2)A person who contravenes the provisions of this regulation commits an offence.21. Mother plants/ mother block and nursery establishment.
(1)A mother plant and mother block for use as source of clean planting material shall be established in accordance with the guidelines issued by the relevant government agencies in consultation with the respective County Government from time to time.(2)A nursery shall be established in accordance with any guidelines issued by the Authority in consultation with the respective County Government from time to time.(3)A person who contravenes the provisions of this regulation commits an offence.22. Contracts between grower or dealer or manufacturer.
(1)A registered dealer or manufacturer shall—(a)sign a contract with the grower and register the contract with the respective County Government as set out in Part B of the Fifth Schedule;(b)notify the Authority and the relevant County Government of any breach to the contract within thirty days of the breach for purposes of initiating an arbitration process.(2)A person who contravenes the provisions of these regulation commits an offence.23. Production and processing
(1)Nuts and oil crops produce and products shall be produced, harvested, sorted, graded, packaged, transported and stored or warehoused in accordance with the guidelines set out in Part C of the Fifth Schedule and the applicable national, regional and international standards.(2)Every grower and dealer shall harvest, sort, grade, pack, transport and store or warehouse nuts and oil crops when the produce is physiologically mature for the intended use.(3)Physiological maturity indicators vary from crop to crop and the intended use of the produce but shall include the following—(a)in the case of macadamia and cashew nut, fruit left to fall to the ground before being collected;(b)in the case of macadamia, float test;(c)in the case of macadamia and peanut, a chocolate brown inner side of husk or pod;(d)in the case of peanut, a mature pod that is hard to split;(e)in the case of sunflower, the flower head should turn light yellow or brown and the seeds shall be dry and protruding from flower head;(f)in the case of sesame, the plant and capsule shall be dry and the seed to have at least six percent moisture content.(4)Notwithstanding the provisions of sub-regulation (3), the county government in consultation with relevant stakeholders may from time to time identify and enforce the maturity indicators applicable to the crops grown.(5)All premises for storage and processing of nuts and oil crops produce and products shall comply with the provisions of these Regulations and the national, regional and international food safety and quality standards where applicable.(6)A dealer who contravenes the provisions of this regulation commits an offence.24. Traceability of produce and products.
(1)The Authority may develop, implement and maintain a detailed traceability system to track and trace the history and location at all stages of production, processing and distribution of the nuts and oil crops produce and products and keep the records for at least two years(2)Every manufacturer or dealer shall develop and maintain records of who they buy from and who they sell to for the purpose of feeding into the traceability system of the Authority.(3)Every grower shall develop and maintain production records for at least two years for annual crops and five years for perennial crops, setting out—(a)source of planting material;(c)application rates and date of farm inputs use;(d)farm operations type and date done;(e)harvesting dates and quantities; and(f)post-harvest management records.(4)A person who contravenes the provision of this regulation commits an offence.25. Bi-annual verification of traceability
The Authority shall conduct a bi-annual routine verification of the traceability of produce and products along the value chain.26. Manufacturing and being in possession of scheduled nuts and oil crops
(1)A person shall not manufacture or be in possession of a scheduled nuts and oil crop product for sale without a licence issued in accordance with these Regulations.(2)A person who manufactures or is in possession of a scheduled nuts and oil crops produce or product in contravention to the provisions of these Regulations commits an offence and shall be liable, upon conviction, to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding five years, or both.27. Buying and selling of nuts and oil crops produce
(1)For purposes of traceability, the buying and selling of nuts and oil crops produce and products from small-holder farmers for commercial purposes, may be done in collection centers.(2)Nuts and oil crops produce and products from plantation growers may be sold directly to the market as long as clear and verifiable traceability system is used.28. Collection centers
(1)The Authority shall, in consultation with the respective County Government use guidelines as set out in Part A of the Fifth Schedule for the establishment and uses of collection centers.(2)The collection centers may be owned or managed by county governments, growers' associations, dealers or the manufacturers.(3)The guidelines under sub regulation (1) may be reviewed from time to time as and when necessary.29. Importation and exportation of nuts and oil crops produce and products
(1)All nuts and oil crops produce and products shall be imported or exported through a customs port of entry or exit.(2)A licensed importer or exporter of nuts and oil crops produce and products shall apply for an export or import permit electronically through single window system for each consignment of imported or exported nuts and oil crops produce or products.(3)Each consignment of nuts and oil crops produce or products for import or export shall be declared at the port of entry or exit and may be physically verified by the Authority or its authorized agent.(4)During the verification of a consignment under sub-regulation (3) , a licensed importer or exporter shall provide, on request by the Authority or its authorized agent—(a)original copies of importation or exportation documentations;(b)evidence of payment of duties and levies.(5)Upon satisfying the conditions for import or export of nuts and oil crops produce and products under these Regulations, the Authority shall approve for release of the consignment to the consignee.(6)The Authority shall, in collaboration with other government agencies detain, at the cost of the consignee, any consignment that is not accompanied by the documents required under paragraph (5) until the requisite documentation is availed for verification.(7)A consignment whether repacked or in the original package shall bear, in bold print, the name and contact details of the consignor, consignee and the country of origin.(8)The Authority shall together with other government agencies, at the cost of the owner, seize, or remove in an appropriate manner, any consignment of nuts and oil crops produce and products that does not conform to the quality standards set by the Authority.30. Field and Manufacturing facility Inspection
(1)The Authority and county government together with other government agencies responsible for ensuring quality produce and products may conduct field inspection of nuts and oil crops grown to ascertain quality control during production.(2)The Authority shall conduct the first inspection of newly established manufacturing facility upon payment of fee as set out in Third schedule, to ensure compliance with national, regional and international standards on food safety and good manufacturing practices.(3)The Authority shall conduct quarterly inspections, upon payment of fees as set out in Third schedule, on existing manufacturing plants to ensure conformity to standards.31. Crop inspectors appointment
(1)The Authority shall conduct inspection of farms, nurseries, manufacturing facilities, stores and warehouses and transport vehicle for all scheduled nuts and oil crops produce and products to ascertain compliance with the requirements of the Act, these Regulations and other relevant regional and international standards.(2)For farm inspection the Authority may jointly conduct inspections in consultation with the County Executive Committee Members responsible for matters agriculture.(3)The Authority shall gazette inspectors upon their appointment.(4)A person appointed as an inspector under sub regulation (2) shall have the following minimum qualifications—(b)satisfy the requirements of Chapter Six of the Constitution;(c)be a holder of diploma in agriculture or related agricultural field from a recognized institution and a minimum of two years of relevant experience; or(d)be a bachelor's degree holder in agriculture or agriculture- related field from a recognized university; and(e)have basic training in any relevant course on crop inspection.32. Functions of crop inspectors
A crop inspector shall perform the following functions—(a)conduct inspection and compliance audit to growers, dealers and manufacturers from time to time to ensure compliance to these Regulations;(b)monitor activities associated with production, dealing, handling and processing of nuts and oil crops produce and product; and(c)undertake regular and periodic surveillance and audits to ensure adherence to the Act, these Regulations and any other laws.33. Entry inspection and obstruction of crop inspectors.
In the exercise of the powers of entry and inspection, crop inspectors shall be guided by the provision of sections 28, 29 and 30 of the Act.34. Compliance with quality standards.
All nuts and oil crops produce or products offered for sale shall comply with relevant national, regional and international standards and where applicable food safety and hygiene requirements and phytosanitary requirements.35. Sampling and testing of produce and products
(1)The Authority in collaboration with other government agencies shall randomly sample, test and analyze different nuts and oil crops produce and products in collection centers, warehouses, markets and manufacturing facilities to ensure conformity to food safety and quality standards as provided for in national, regional, international and any other relevant laws.(2)The Authority shall issue an annual standards conformity certificate to a buyer, warehouseman, transporter, importer and exporter.(3)The Authority shall seize or remove at the cost of the owner any produce or product that does not conform to food safety, quality and any other requirement in the Regulations.(4)The Authority shall immediately liaise with other relevant government agencies for disposal or destruction of the seized or removed product or produce.Part IV – GENERAL PROVISIONS
36. Dispute Resolution procedure
(1)An agreement to refer a dispute between a grower and a crop dealer for arbitration under this regulation may be in the form of an arbitration clause in a contract or in the form of a separate agreement.(2)A dispute arising between a grower and other crop dealers may be notified in writing and presented by the aggrieved party or their advocate to an arbitrator that has been mutually agreed between the parties and shall have attached thereto copies of the relevant documents relating to the dispute.(3)The aggrieved parties are free to agree on the procedure to be followed by the arbitrator in the conduct of the proceedings.(4)Failing an agreement under sub-regulation (3), the arbitrator may conduct the arbitration in the manner they consider appropriate, having regard to the desirability of avoiding unnecessary delay or expense while at the same time affording the parties a fair and reasonable opportunity to present their cases.37. Validity of licenses and certificates of registration
All licenses and annually renewed certificates of registration issued under these regulations shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled.38. Fees and levies
(1)The Cabinet Secretary may charge fees for inspections and licenses for the dealers and manufacturers and impose levies on imports and exports as set out in the Third Schedule.(2)Neither the Authority nor the county governments shall charge any registration fee.39. Submission of returns
(1)Any person who registers small holder growers shall submit annual returns to the respective county government in Form H1 as set out in the Second Schedule by 30th of January every year.(2)A plantation grower of nuts and oil crops produce and product shall submit annual returns to the Authority in Form H1 as set out in the Second Schedule by 30th of January every year.(3)Every registered nursery operator shall not later than the fifteen day of the first month of every quarter of a financial year complete and submit to the respective county government, statistical returns in Form H2 as set out in the Second Schedule.(4)Every dealer and manufacturer of nuts and oil crops produce and product shall fill quarterly returns to the respective county government in Form H3 as set out in the Second Schedule not later than the tenth day of the first month after the end of the quarter.(5)An importer or exporter of nuts and oil crops produce and products shall submit annual returns of the imports or exports transactions to the Authority in Form H3 as set out in the Second Schedule.40. General penalty
A person who commits an offence under these Regulations, for which no penalty is provided, shall be liable upon conviction, to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year or to both in accordance with section 37 of the Act.41. Transition
All licenses in respect of nuts and oil crops existing before the coming into operation of these Regulations shall remain valid until their expiry, and subsequent licenses shall be issued under these Regulations.