Tea Industry Regulations

Tea Industry Regulations 2

TEA INDUSTRY REGULATIONS

SECOND SCHEDULE

(The Crops Act 2013)

THE COUNTY GOVERNMENT

………………………………………………………………………………………

FORM A1 (r.4 )

APPLICATION TO ESTABLISH A COMMERCIAL TEA NURSERY

Application is hereby made to develop a commercial tea nursery in the County of …………………………………………………..on the land parcel specified in Part B below–

A Particulars of Applicant

1. Name of applicant …………………………………………………………...

2. National Identify Card No/Passport No. ……………………………………

3. Address…………………………………………………………………….

4. Telephone No…………………………………………………………….…..

B – Particulars of Land

1. L.R. No. or No’s………………………………………………………………..

2. Location……………………………………………………………………….

3. Division………………………………………………………………………….

4. District…………………………………………………………………………...

5. County …………………………………………………………………………

C - Type of seedling/ clones and numbers (indicate below)

i. …………………………………………………………………………

ii. …………………………………………………………………………………

iii. ………………………………………………………………………………

iv……………………………………………………………………………….

Date………………………………...... Signature…………………………………..

Applicant or his duly authorized agent

FOR OFFICIAL USE:
Recommendation by Tea Factory …………………………
Date…………Signature & Stamp…………………………
Approval by :County Executive Member in charge of Agriculture
Remarks…………………………………………………………………………………..
Date Stamp ……………………………………..Signature…………………………………

Terms and Conditions

(i) For the continued validity of this registration, the Tea nursery owner shall not sell, transfer or in any way part with the possession of any tea seedlings, stumps, plants or any planting material, whether produced by vegetative propagation or otherwise, to any person other than a person who is validly registered to plant tea.

(ii) A registered nursery is required to issue a receipt for all sales of tea planting material and note on the receipt the name of the registered grower, the date, and registration number of the grower, factory where grower is registered and any other relevant details that may be required in regard to this registration.

(iii) Nursery owners shall liaise with tea factories in their catchment to ensure planting materials requirements

(iv) Registered nurseries are required to be vetted by the Tea Research Institute and obtain guidance on suitable tea planting material for their specific areas.

(v) Any nursery owner who contravenes the outlined Terms and conditions will have the registration revoked.

(vi) County government shall make returns annually of the number tea nurseries and number of seedlings raised.

(vii) County government to register tea nurseries on recommendation by the tea factory.

THE TEA INDUSTRY REGULATIONS

(The Crops Act 2013)

SECOND SCHEDULE

THE COUNTY GOVERNMENT

………………………………………………………………………………………

FORM A2 (r.4 (2))

COMMERCIAL TEA NURSERY REGISTRATION CERTIFICATE

This REGISTRATION is issued to (company/name of person)………………..…….. ……………………….. Of P. O. Box ……………..…… and permits the holder to raise a commercial tea nursery business at the location indicated as per L.R. No(s) ………………………………………………………………………………..….… ……….

1. The type of seedling clones to be raised must be in consultation with County Executive Member in charge of Agriculture in the County.

2. Phytosanitary aspects must be observed to ensure clean, healthy planting material.

THIS REGISTRATION is issued subject to compliance with the provisions the Agriculture and Food Authority Act, the Crops Act, (The Tea Industry Regulations, 2014) County Government Act and to such terms and conditions as specified hereunder.

Date ………………… Signature/Stamp…………………

County Member in charge of Agriculture

Cc agriculture Food & Fisheries Act-Tea Directorate

THE TEA INDUSTRY REGULATIONS

(The Crops Act 2013)

SECOND SCHEDULE

THE COUNTY GOVERNMENT

………………………………………………………………………………………

FORM A3 (r.4 (3))

COMMERCIAL TEA NURSERY ANNUAL RETURNS

Names of Tea Nursery Owner…………………………………………………………… Location……………………………………………………………….…………………….

The County Government has undertaken Tea Nurseries inspection and hereby confirm the following;-

1. Number of tea nurseries ………………………………………………………..

2. Names of Tea Nursery Owners

3. Number of planted seedlings indicating the type of clone

Type of Clone Number

i. …………………………………………………………………………………

ii. ,………………………………………………………………………………..

iii. ………………………………………………………………………………….

iv. …………………………………………………………………………………

v. …………………………………………………………………………………

4. Factory/Factories served by the Nursery

vi. …………………………………………………………………………………

vii. ,………………………………………………………………………………..

viii. ………………………………………………………………………………….

ix. …………………………………………………………………………………

x. …………………………………………………………………………………

Date ………………… Signature/Stamp…………………

County Member in charge of Agriculture

Copy of this Form to be submitted to Agriculture Food & Fisheries Act-Tea Directorate by 15th January of every year.

-A separate Form to be filled for each Nursery Owner

THE AGRICULTURE FISHERIES AND FOOD AUTHORITY

(The Crops Act 2013)

TEA INDUSTRY REGULATIONS

FORM B: (r. 8 (1))

APPLICATION FOR ISSUANCE/RENEWAL OF TEA MANUFACTURING LICENCE

Application is made to establish /operate a factory for the manufacture of tea in accordance with the particulars given below–

1. Name of Applicant…………………………………………………………

2. Certificate of Company Incorporation No (Attach copy) …………………

3. List Names and Particulars of Directors (Attach details) …………………

4. Postal Address …………………………………………………………….

5. Telephone No …………………………………………………………….

6. E-mail address…………………………………………………………….

7. Location…………………………………………………………………...

8. Division……………………………………………………………………..

9. District………………………………………………………………………

10. County ……………………………………………………………………

11. L.R. No./Nos………………………………………………………………

12. Factory Trade Mark………………………………………………………..

13. Source of green leaf for processing:

Own ………………………………..…………………………………….. (Hectares)

Out growers /growers…………………….……………………………… (Hectares)

12. Type of tea manufacture:

(a) C.T.C.(cut, tear, curl) (b)Orthodox

(d) Others (specify)

13. Manufacturing capacity:

Green tea leaf……………………………………..………….. Kilogrammes per year.

Made Tea………………………………………….………….. Kilogrammes per year.

The particulars given are hereby certified to be correct. Date…………………………………. Signature…………………………

Applicant

FOR OFFICIAL USE:
Recommendation by Agriculture, Fisheries and Food Authority – Tea Directorate
……………………………………………………………………………………………………………………………………………………………………………………………….
Signature…………………………………..…Date & Stamp…………….…………………

For Terms and Conditions see overleaf:

Terms and conditions

1. When licensing a new manufacturing factory due consideration shall be taken to ensure that processing over-capacity is not created in a given local area or zone. In the case of a new investor, the Authority shall where necessary arbitrate to decide how the growers are distributed between the existing and the new factory before issuing a license.

2. A license for a new factory may only be issued to a person or company who has at least 250 hectares of planted tea bushes. Where a group of persons or companies make a joint application for a license, they may only be issued with a license if they have at least 250 hectares of tea bushes, which parcels of land must be within a fifty (50) kilometer radius.

3. Notwithstanding paragraph 2 where an applicant including for a cottage factory seeks to manufacture high value specialty or value added teas, the Authority may grant a license based on the economic viability, technology used /or range of products.

4. An applicant for the tea manufacturing license shall pay the prescribed fees.

5. A tea manufacturing factory shall not buy green leaf from any other person other than the growers appearing in its register.

6. A tea factory shall verify the details contained in the application made to it by a grower to ensure that the particulars submitted are correct.

8. A manufacturing factory shall sign a Green Leaf Agreement with all its registered growers and maintain the signed agreement at the factory for inspection by the Authority.

9. Notwithstanding paragraph 5, in the case of a tea factory where there is inadequate processing capacity and a surplus green leaf, the Authority shall, where necessary, arbitrate to decide the arrangements to divert the surplus green leaf to the nearest factory with extra processing capacity.

10. An applicant for renewal of a manufacturing license must comply with good manufacturing practices and national standards on quality, food safety and hygiene.

11. An applicant for renewal of a manufacturing license must be in compliance to prerequisite international standards on quality and food safety, relevant Tea Standards, National Environment Authority (NEMA) Act and provisions of access to the market.

12. When considering an application for a manufacturing license, the Authority shall satisfy itself that the applicant has adequate financial capacity to undertake the project.

13. When considering an application for renewal of a manufacturing license, the Authority shall require the applicant to submit Audited financial statements.

14. Before granting a license, the Authority shall satisfy itself that the directors of the company are fit for the functions for which they seek a license.

15. In case a factory intends to use wood fuel energy to process, the applicant must demonstrate a wood fuel sustainability plan equivalent to the ratio of 4:1; tea planted to woodlots planted.

16. The AFFA- Tea Directorate will conduct compliance inspections to tea factories to ensure compliance to Industry regulations, Code of Practice and other national requirements.

Tea Industry Regulations 2

THE AGRICULTURE FISHERIES AND FOOD AUTHORITY

(The Crops Act 2013)

TEA INDUSTRY REGULATIONS

………………………………………………………………………………………

FORM B1 (r. 8(2))

TEA MANUFACTURING LICENCE

THIS LICENCE is issued to ………………………. Of P. O. Box ………… and authorizes the said person to conduct the business or carry on the business of manufacture in the Republic of Kenya at L.R. No(s) ……………………………..……… for a period of ------beginning on the ……………….. Day of ………………. and ending on …….. Day of …………… (Both days inclusive).

THIS LICENCE is issued for;

Type of tea manufacture:

(a) C.T.C. (cut, tear, curl) / Orthodox / Instant / Others (specify)

Manufacturing capacity:

Green tea leaf ………………………………………………………… Kilograms per year.

THIS LICENCE is issued subject to compliance with the provisions of the County Government and the Agriculture and Food Authority Act, the Crops Act, (The Tea Industry Regulations, 2014 and to such terms and conditions as specified hereunder.

Date issued…………………………………..……Signature/Seal………………………………..
Head – AFFA Tea Directorate

______

Terms and Conditions

Each tea factory shall sign a Green Leaf Agreement with all their registered growers and a copy of the Agreement shall be maintained at the factory for inspection..

No tea factory shall buy green leaf from any other person other than the growers appearing in its register.

Notwithstanding paragraph 2 in the case of a Tea factory where there is a processing capacity shortfall but a surplus green leaf, the county government shall intervene to decide the arrangements to divert the surplus green leaf to the nearest factory with extra processing capacity.

The Tea Factory shall comply with the set service level standards as set out in guidelines issued by the Authority from time to time.

Tea Industry Regulations 2

TEA INDUSTRY REGULATIONS

(The Crops Act 2013)

SECOND SCHEDULE

THE COUNTY GOVERNMENT

………………………………………………………………………………………

APPLICATION FOR REGISTRATION AS A TEA GROWER

FORM C: (r.5 (3))

To: The Factory Manager ………………………………………. Tea Factory

Application is hereby made to grow/maintain…………hectares/ ………… acres of tea on the land parcel specified in Part B below–

A Particulars of Applicant

1. Name of applicant …………………………………………………………...

2. National Identify Card No/Passport No. ……………………………………

3. Address…………………………………………………………………….

4. Telephone No…………………………………………………………….…..

5. Email address………………………………………………………………..

B – Particulars of Land

1. L.R. No. or No’s………………………………………………………………..

2. Location……………………………………………………………………….

3. Division………………………………………………………………………….

4. District…………………………………………………………………………...

5. County …………………………………………………………………………

Date………………………………...... Signature…………………………………..

Applicant or his duly authorized agent

is hereby Registered /Not registered as a Tea Grower and is subject to terms and conditions specified herewith

FOR OFFICIAL USE:
Tea Factory Manager:
Remarks:………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………………………..
Date and stamp ………………………………Signature……………………………………

CC. County Executive Committee Member in charge of Agriculture

Terms and Conditions

(i) For the continued validity of registration, the grower shall not sell, transfer or in any way part with the possession of any tea seedlings, stumps, plants or any planting material, whether produced by vegetative propagation or otherwise, to any person other than a person who is validly registered to plant tea.

(ii) No grower shall sell green leaf to any person other than to the manufacturing factory specified in this certificate.

(iii) A registered tea grower is required to issue a receipt for all sales of tea planting material and note on the receipt the name of the registered grower, the date, and registration number of the grower.

(iv) Each tea grower shall sign a Green Leaf Agreement with the factory where they are registered in such format as shall be prescribed by the Authority.

(v) A Tea grower wishing to change the factory where he delivers green leaf shall inform the respective factories by giving a notice as specified in the Green Leaf Supply Agreement. In case of an “Objection” to the notice, the Authority shall be informed immediately of the reasons thereto for appropriate action.

(vi) Where the grower has leased a tea garden, a Lease Agreement shall be signed between the Lessor and the Lessee and the particulars thereof verified by the respective factory and a copy of the agreement shall be submitted to the respective factory before accepting the extra green leaf supply.

Other conditions under which the registration is done:

The registration certificate is issued subject to the conditions specified in Sections 14 (1) (b) 15 and Section19 of the Crops Act.

Tea Industry Regulations 2

TEA INDUSTRY REGULATIONS

(The Crops Act 2013)

SECOND SCHEDULE

THE COUNTY GOVERNMENT

………………………………………………………………………………………

Tea Industry Regulations 2

FORM D:

APPLICATION FOR REGISTRATION AS A

COMMERCIAL GREEN LEAF TRANSPORTER

(r. 6(1))

To: The Factory Manager

………………………………………………………………..………………. Tea Factory

1. Owners Name ………………………………………………………………………

2. Vehicle Registration Number

3. National Identity Card No/Passport No/Certificate of Company Incorporation

No:…………………………………………….………………………….

4. Address:………………………………………………………………….

.…………………………………………………………………………………….

E-mail……………………………………………………………………………….

5. Location:……………………………………………………………………

6. Division:………………………………………………………………………

7. District:………………………………………………………………………

8. L.R. No/No’s…………………………………………………………………

Tea Factory Manager Recommendations :
……………………………………………………………………………………….
……………………………………………………………………………………….
Approval by County Executive Committee Member in charge of Agriculture
Remarks.………………………………………………………………………………
………………………………………………………………………………………….
Signature & Stamp…………………………………………Date ………………………

Terms and Conditions

1. A Commercial green leaf Transporter shall ensure that they comply with Kenyan Tea Standards on transportation of green leaf.

2. A green leaf transport transporter shall not transport green leaf from any other growers other than those registered with the factory where they are contracted.