ADVOKS GLOBAL · KENYA
The Dairy Industry (Milk Sales Contract) Regulations
6. Consent of milk sale contract
Edition: 2022-12-31 · In force
6. Consent of milk sale contract
(1)Subject to regulation 7, a contract for sale or purchase of milk shall contain, at a minimum, provisions on the following:(a)names of parties to the contract;(b)respective obligations of the parties;(c)milk price per kilogram;(d)quantity to be sold or bought;(e)applicable terms in case of oversupply or undersupply;(f)specifications on agreed quality;(g)testing and rejection terms;(h)time of actual transfer of ownership;(i)time of collection or delivery;(j)frequency of collection or delivery;(k)duration of the contract;(m)the need to keep the contract confidential;(n)terms for waivers and amendment;(o)terms of termination of contract;(p)indemnity or insurance;(q)sanctions for default of either party;(r)manner of issuing notices and demands;(s)circumstances that constitute force majeure;(t)dispute resolution mechanism.(2)A compliance officer may at any time inspect any contract to ascertain compliance to the requirement of this regulation.(3)Despite paragraph (1), a contract shall—(a)provide for the agreed payment terms, which shall conform to the pricing formula provided under the Dairy Industry (Pricing of Milk) Regulations 2021.(b)be subject to the relevant standard test methods for quality determination.