ADVOKS GLOBAL · KENYA
The Crops (Tea Industry) Regulations
32. Tea Imports
Edition: 2022-12-31 · In force
32. Tea Imports
(1)A person who intends to import tea into Kenya shall apply for pre-import approval to the Authority in Form AFA\TD\V1 as set out in the First Schedule.(2)An importer who imports tea into Kenya shall prior to importation—(a)provide evidence that the teas they intend to import are not available in the local market or at the tea auction;(b)provide a sample of the teas to be imported and pre-import verification certificate from the country of origin; and(c)obtain pre-import approval from the Authority.(3)All tea imported into Kenya shall be accompanied by—(a)a certificate of origin;(b)a sanitary and phytosanitary certificate; and(c)a certificate of analysis on pesticide residues issued by a competent authority from the country of origin.(4)An importer shall not import tea into Kenya without a valid certificate of conformity to Kenya Tea Standards from an accredited institution from the country of origin.(5)The Authority shall verify pre-import documentation on tea intended for importation and issue a pre-import approval in the manner prescribed in Form AFA\TD\V2 in the First Schedule.(6)An importer shall upon obtaining pre-import approval declare the imports made with the Authority and make a return on all transactions to the Authority in Form AFA\TD\W as set out in the First Schedule.(7)The Authority may conduct an analysis of teas intended for importation or imported into the country from time to time to ensure conformity to Kenya tea standards.(8)Any imported tea that does not conform to the requirements set out in subregulations (1), (2) and (3) shall be rejected, seized or destroyed by the Authority or be re-exported to the country of origin at the cost of the importer.(9)An importer shall not import tea into Kenya except and in accordance with pre- import approval issued by the Authority.(10)The following tea imports shall be exempt from pre-import approval—(a)tea imports for sale through the Mombasa tea auction; and(11)An importer who imports tea into Kenya for blending or export shall re-export the tea within a period of six months of the date of import and proof of such re-export shall be maintained for inspection by the Authority.(12)An importer who imports bulk tea into Kenya for re-export shall value add at least twenty percent of the re-export quantity.(13)A person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to the penalty prescribed under section 37 of the Act.