The Crops (Food Crops) Regulations, 2015

THE CROPS ACT, 2013

(No. 16 of 2013)

THE CROPS (FOOD CROPS) REGULATIONS, 2015

THE CROPS ACT, 2013

(No. 16 of 2013)

THE CROPS (FOOD CROPS) REGULATIONS, 2015

PART I—PRELIMINARY

Citation and Commencement
Interpretation
Scope and Purpose of the Regulations
Application

PART II – FUNCTIONS OF THE DIRECTORATE
PART III—REGISTRATION AND LICENSING

Registration of Growers, Growers Associations and Propagators of Planting Materials and dealers
Procedures for Application for Registration
Revocation of Registration Certificate
Maintenance of Registers of Growers, Propagators of Planting Materials and Dealers
Issuance of Permits for Transportation of Food Crops Produce
Licensing of Processors
Licensing of Warehouse Operators
Licensing of Warehouses
Licensing of Importers and Exporter
Revocation, Suspension or Alteration of A License
Appeals on Issuance of Licenses

PART IV- QUALITY ASSURANCE AND MARKETING

Requirement for Quality Assurance
Quality of Seed
Vegetative Propagating Material
Prohibition on Use of Raw Sewage
Safe Use of Pesticides
Control of Pests and Diseases
Traceability of Produce
Contract Farming
Marketing Requirements
Appointment of Crop Inspectors
Functions of Crop Inspectors
Importation and Exportation of Food Crops

PART V- FINANCIAL PROVISIONS

Imposition of Levies
Application of Levies
Fees

PART VI - GENERAL PROVISIONS

Filing of Returns
Protection from Personal Liability
General Penalty

SCHEDULES

First Schedule: List of Food Crops to be regulated

Second Schedule: Application Forms

Third Schedule: Registration Certificates, Licenses and Permits

Fourth Schedule: Registers and Returns

Fifth Schedule: Letter of Preliminary Approval for Food Crops Processors

Sixth Schedule: Levies and Fees

THE CROPS ACT, 2013

(No. 16 of 2013)

THE CROPS (FOOD CROPS) REGULATIONS, 2015

IN EXERCISE of the powers conferred by Section 40 of the Crops Act, 2013 the Cabinet Secretary for Agriculture, Livestock and Fisheries, in consultation with the Agriculture, Fisheries and Food Authority and County Governments, makes the following Regulations—

PART I – PRELIMINARY
Citation and commencement. /

These Regulations may be cited as the Crops (Food Crops) Regulations, 2015 and shall come into operation on the date of gazettement.

Interpretation. /

In these Regulations, unless the context otherwise requires—

“Authority” means the Agriculture, Fisheries and Food Authority established under Section 3 of the Agriculture Fisheries and Food Authority Act, 2013;
“Crops Inspector” means an officer of the Authority or a county agricultural officer appointed in writing by the Authority under section 27 of the Crops Act, 2013 by a notice in the Gazette.
“County Government” means any of the 47 governments established under Part 2 of Chapter 11 of the Kenya Constitution
“Consignment” means;
(a)for purposes transportation of food crops produce within the country
,a vessel load for which a permit has been issued in accordance with Regulation 9(2)
(b)for purposes of import and export of food crops produce, the declared lot of produce
“country of origin” means thecountrywhere the food crop produce or product has been grown, produced, processed or manufactured as the case may be;
“dealer” means any person, company or a firm engaged in collecting, transporting, storing, buying or selling of food crops or food crop products but dealing excludes any non- commercial activity;
“Directorate” means the food crops directorate established by the Authority under section 11 of the AFFA Act, 2013
“exporter” means any person, firm or corporate body licensed by the Authority to engage in the business of exporting food crops produce and products out of Kenya;
“food crop” means any of the Scheduled Crops listed under the First Schedule of these regulations or such other crop that may be declared by the Cabinet Secretary through a gazette notice;
“formal seed system” means breeding, variety release, plant variety protection, seed production, certification and trade as provided for under the Plant and Seed Varieties Act Cap 326;
“grower association” means any registered group, association, cooperative society, corporate body, union or federation of food crops growers or farmers in Kenya;
“grower or farmer” means person or a group of persons who cultivate(s) food crops in Kenya and the terms smallholder grower or smallholder farmer and plantation grower or plantation farmer shall be construed accordingly
“importer” means any person, firm or corporate body licensed by the Authority to engaged in the business of importing food crops produce and products into Kenya;
“Licensing Authority” means the Authority or the County Government as the case may be;
“Market” means a medium, a designated place or structure by County or national Government where buyers and sellers interact for trade in food crop produce or products;
“non- commercial activity” means collecting, transporting, storing or selling of food crops or food crop products by a producer
“plantation grower” who can also be referred to as a large scale grower means any person, firm or corporate body who cultivates food crops in an area more than 49 hectare
“planting material “means any part of a plant except seed used for reproduction or propagation of a food crop.
“point of entry" means an airport, seaport or land border point officially designated for the importation of consignments of food crop produce or products.
“Point of exit” means an airport, seaport or land border point officially designated for the exportation of consignments of food crop produce or products.
“Preliminary Letter of Approval” is a written preliminary approval given by the Authority to a prospecting investor to initiate the process of establishing food crops and food crop products processing facilities;
“processor” means any person who engages in the transformation of food crops produce and food crops products and includes one who engages in packaging, labeling and distribution for sale;
“propagator of planting material” means any person who engages in multiplication and sale of food crops vegetative planting material;
“Raw produce marketing agent”means a person who purchases, collects or bulks raw produce directly from farmers.
“smallholder grower’’ means any person or corporate body who cultivates food crops in an area less than 3 hectares.
“transporter” means any person who engages in movement of food crops produce from one point to another but excludes non-commercial activity;
“warehouse” means a building or other protected enclosure licensed under these regulations in which food crops are stored for the purpose of safekeeping and trading;
“warehouse operator” means a person licensed by the Authority to engage in the business of storing food crops in a warehouse;
Scope and purpose of the regulations /

The purpose of these Regulations is to provide guidance for the promotion, development and regulation of food crops and in particular to provide for;

(a)A mechanism for quality assurance of agricultural inputs for the production of food crops;
(b) Promotion of best practices in production ,transportation and storage of food crops
(c)Quality assurance and marketing of food crops produce and food crop product
(d)Procedures and conditions for registration of growers, grower associations, plant propagators, transporters and dealers;
(e)procedures and conditions for licensing of processors, warehouses, warehouse operators, importers and exporters;
(f)issuance of permits for movement of food crops produce and for import and export of food crops and food crop produce;
(g) collection and collating and maintaining a database on food crop production, prices, intra and inter trade.
(h)Provision of a mechanism for determination of research priorities and establishment of linkages with research institutions for conduct of studies to promote production, marketing and processing of food crops
(i)such other purposes as deemed necessary for effecting the provisions of the Crops Act, 2013.
Application /

These Regulations shall be applicable to the food crops sub-sector in Kenya.

PART II - FUNCTIONS OF THE DIRECTORATE
The Directorate shall be the competent authority in discharging its mandate of regulating, developing and promoting the food crops sub-sector
Functions of the Directorate / 5 (1) The Directorate shall in consultation with the County governments;
(a)Facilitate marketing and distribution of food crops through monitoring and dissemination of market information, including identification of the local supply-demand situation, domestic market matching and overseas market intelligence and promotion activities on food crops;
(b)Provide guidelines and standards in the establishment of food crops collection centres in viable areas to serve as buying stations of farm products, packaging houses, pick-up points and meeting places of farmers’ and growers’ cooperatives..
(c)Build capacity for service providers in the counties on various aspects across the food crop value chains.
(d)Identify and develop markets that will provide greatest value added to scheduled food crops;
(e)Collect and collate data, maintain a data base and monitor food crops and products through the registration of players.
(f)In consultation with research institutions promote the establishment experimental stations and seed farm for the development of varieties suitable to the agro-climatic conditions of the area
(g)Develop and promote best practices across the food crops value chains
(h)Recommend general industry agreements between farmers and dealers, processors, importers and exporters of food crops.
(i)Enjoin the relevant state agencies responsible for transportation and communications to effect an efficient, regular and economical means of transporting food crops, for purposes of reducing marketing costs and ensuring stable consumer supply;
(j)Promote the establishment of wholesale markets in identified major centres of the country.
(k)Receive data from counties on growers, grower associations and dealers, collate, share and manage the national data.
(l)License and regulate food crops
(2) The directorate shall;
(m)Participate in the formulation of general and specific policies for the development of scheduled food crops.
(n)Advise the Board and stakeholders on matters related to the food crops subsector.
(o)Promote and advise on strategies for value addition of food crops in Kenya.
(p)Collect and administer any levies that shall be imposed by the Cabinet Secretary with respect to food crops.
(q)Establish and enforce standards in grading, sampling and inspection, tests and analysis, specifications, units of measurement, code of practice and packaging, preservation, conservation and transportation of food crops to ensure health and proper trading.
(r)Prescribe the minimum period within which growers are to be paid for food crops delivered and penalties for delayed payments;
(s)Advise the national and county governments on food crops levies
(t)Devise and maintain a system for regularly obtaining information on current and future production, prices and movement in trade, to determine and effect a balanced distribution of food crops by means of inter-trading or intra-trading among the established wholesale markets
(u)Mobilize resources for research in food crops.
(v)Provide capacity and technical assistance to the counties
(w)Perform any other relevant function.
PART III— REGISTRATION AND LICENSING
Registration of growers, grower associations, propagators of planting materials and dealers /

(1)The County governments shall issue registration certificates with respect to food crops growers and grower associations.

(2) A smallholder grower of food crops may register with such grower association registered and recognized by the respective county government.
(3)A small holder grower applying to be registered by a grower association shall use the prescribed Form FCD A001 as set out in Second Schedule
(4) A plantation grower may register with the respective county government.
(5) Every grower association of food crops shall register with the respective county government.
(6) Every propagator of planting material outside the formal seed system shall register with the respective county government.
(7) Every exporter or importer of food crop produce and products shall register with the Authority.
Procedures for application for registration for grower associations, plantation growers and propagators of planting materials /

(1) Applications for registration of grower associations, plantation growers and propagators of planting materials shall be made to the respective county as set out in Form FCD A002 of the Second Schedule.

(3) The respective county shall after considering an application for registration under these regulations make a decision and issue a certificate within 30 days after receipt of the application.
(4)The respective county shall, in making its decision under sub-regulation (3), satisfy itself that the applicant has complied with the provisions of the Crops Act, 2013 and any other relevant written law.
(5) In case of rejection of an application, the respective county shall notify the applicant giving reasons for the rejection within 14days after receipt of the application.
(6)The applicant may resubmit an application following rejection after addressing the issues raised in the rejection.
(7) The applicant may appeal to the Authority within 30 days after notification by the respective county if the application is rejected after resubmission
(8) The respective county shall issue registration certificates to all registered growers’ associations, plantation growers and propagators of planting materials as set out in Form FCD R001 of the Third Schedule.
(9) A certificate of registration shallbe free and not transferable.
Revocation of registration certificate /

Certificatesissued under regulation (8) may be revoked if the terms and conditions of issuance and the provisions of the Crops Act, 2013 and these regulations and any other relevant law are contravened.

Maintenance of registers of growers, propagators of planting materials and dealers /

(1) Every grower association registered by the a county government shall maintain a register of its members in accordance with the Form FCD S001 of the Fourth Schedule which shall be submitted to the respective county on or before 31st January of each year

(2) Every propagator of planting material shall maintain a register of all growers who source planting material from his/her nursery in accordance with the Form FCD S002 of the Fourth Schedule which shall be submitted to the respective on or before 31st January of each year.
(3) The respective County governments shall maintain up to date registers of all plantation growers, grower associations, and propagators of planting materials and dealers who have been registered in accordance with these regulations.
(4) The county government shall submit to the Authority copies of upto date registers of grower associations, plantation growers and propagators of planting materials by 31st July every year.
Registration of dealers /

(1) The County Government in collaboration with the Authority shall register all food crops dealers.

(2)Every dealer of food crop produce shall register with the respective county government
(3)Application for registration of dealers shall be made to the respective county as set out in Form FCD A003 of the Second Schedule
(4)The respective county shall send an approved copy of application forms to the Authority
(8) Upon receipt of the approved application form in (4) the Authority shall compile a register of all dealers and allocate each dealer with a unique identity within 30 days
(9) The Authority shall circulate the register to all counties to issue a certificate of registration with theunique identity within 30 days.
(10)The respective county shall issue registration certificates to all registered dealers as set out in Form FCD R002 of the Third Schedule
(11) In case of rejection of an application, the respective county shall notify the applicant giving reasons for the rejection within 14 days after receipt of the application.
(12) The applicant may resubmit an application following rejection after addressing the issues raised in the rejection.
(13) The applicant may appeal to the Cabinet Secretary within 30 days after notification by the respective county if the application is rejected after resubmission
(14) A dealers’ registration certificate issued under sub-regulation(10) is applicable throughout the country.
(15)The respective county shall, in making its decision under sub-regulation (10), satisfy itself that the applicant has complied with the provisions of the Crops Act, 2013 and any other relevant written law
(16) A certificate of registration shall be free and not be transferable.
(17) A person who contravenes the provisions regulation 9(2) and (16) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a period not exceeding three months or, both
Issuance of permits for transportation of food crops produce /

(1)The County Government in collaboration with the Authorityshall issue a movement permit for transportation of food crops produce and productsto ensure compliance to food safety standards and traceability.

(2) No person shall move or cause to be moved any consignmentof food crop produce in excess of 5 metric tonnes from one county to another without a valid original movement permit.
3) A person who intends to move or cause to be moved any consignment of food crop produce in excess of 5 metric tonnes from one county to another shall apply for a movement permit to the relevant County Government at the point of loading of the produce in accordance with Form FCD A004 as set out in the Second Schedule.
(4)The movement permit shall be issued in accordance with Form FCD P001 as set out in the Third Schedule and such a permit, shall be issued at the Sub county Agriculture Office to facilitate movement and trade in food crops produce
(5) The fees to be charged for a permit under these regulations shall be payable only to the originating County Government as prescribed in Part 2 of the Sixth Schedule and no other such charge shall be made to the same consignment by other counties
(6) No movement permit shall be issued under these regulations to any person other than a registered food crop dealer and such a person shall not alter the movement permit.
(7)Any vessel used in transportation of food crop produce shall conform to the National Food Transportation Standards.
(8)The County Government shall submit monthly summary returns on movement of food crops to the Authority in accordance with Form FCD S003 as set out in the Fourth Schedule.
(9) 75% of the revenue generated for the permits shall be remitted to the County and 25% to the Authority and shall be used to implement quality assurance and food safety standards.
(10) A person who contravenes the provisions of this sub regulation(2) (6)(7) commits an offenceand shall be liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a period not exceeding six months or, both.