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Kenyan legislation

The Dairy Industry (Sales by Producers) Regulations

Edition: 2022-12-31 · In force

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1. Short title and citation

These Regulations may be cited as the Dairy Industry (Sales by Producers) Regulations.

2. Producer to hold a valid licence

(1)No person shall operate as a producer unless the person holds a licence issued by the Board.
(2)Paragraph (1) does not apply to a dairy farmer unless the dairy farmer also processes, manufactures, prepares or treats dairy produce for sale.

3. Application for licence

An application for a licence shall be in Form 1 in the Second Schedule.

4. Form of a licence

(1)The following licences may be issued pursuant to an application made under regulation 3—
(a)Primary producer’s licence;
(b)Processor’s licence which shall authorize the processor to—
(i)process milk; and
(ii)operate a mini dairy and cottage industry;
(c)Milk bar licence; and
(d)Cooling plant licence.
(2)A licence issued by the Board under this regulation shall be as prescribed in Form 2 in the Second Schedule.[L.N. 86/2006, r. 1, L.N. 120/2007, r. 2.]

5. Fees

The fees set out in the First Schedule are prescribed as fees to be paid to the Board.

6. Term of licence

A licence issued under these Regulations shall be valid for a period of twenty-four months from the date of issue.[L.N. 120/2007, r. 3.]

7. Interests of producers and customers to be considered

The Board shall, in considering an application, take into account the interests of other producers and consumers in respect of which the application is made.

8. Conditions of licence

The Board can—
(a)modify or vary the licence from time to time upon giving thirty (30) day’s notice in writing to the licensee;
(b)cancel the licence if satisfied that there has been any material error or omission in the facts stated in the application;
(c)cancel the licence if the licensee is in default in the payment of cess or any other sum due to the Board or arising from any contractual arrangements with producers or their agents;
(d)cancel the licence if the licensee contravenes these regulations.

9. Refusal to grant or renew licence

The Board may refuse to issue a new licence or may suspend or cancel an existing licence if the Board is satisfied that—
(a)the producer’s standards of performance are unsatisfactory;
(b)the issue is not, or the suspension or cancellation, is in the interest of other producers and of consumers;
(c)the conditions of a licence have not been fulfilled;
(d)the applicant or licensee has failed to remit, within the prescribed period, any cess due by the applicant or licensee to the Board; or
(e)the applicant or licensee has not paid dairy farmers for milk delivered to the applicant or licensee.

10. Penalty

A person who contravenes regulation 2(1) is guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding one year, or to both.

11. Revocation

(a)the Dairy Industry (Sales by Producers) Regulations, Sub-leg. (L.N.259/1961; L.N. 210/1965);
(b)the Dairy Industry (Sales by Producers) Order, Sub-leg. (L.N. 285/1961).
Source: Kenya Law · Imported 4 October 2026