1. business and industrial
2. agriculture and forestry
3. crops and seed

THE CROPS ACT, 2013
(No. 16 of 2013)
THE CROPS (FOOD CROPS) REGULATIONS, 2015
PART I—PRELIMINARY
1.
2.
3.
4.
Citation and Commencement
Interpretation
Scope and Purpose of the Regulations
Application
PART II – FUNCTIONS OF THE DIRECTORATE
PART III—REGISTRATION AND LICENSING
5. Registration of Growers, Growers Associations and Propagators of Planting Materials and
dealers
6. Procedures for Application for Registration
7. Revocation of Registration Certificate
8. Maintenance of Registers of Growers, Propagators of Planting Materials and Dealers
9. Issuance of Permits for Transportation of Food Crops Produce
10. Licensing of Processors
11. Licensing of Warehouse Operators
12. Licensing of Warehouses
13. Licensing of Importers and Exporters
14. Licensing for Repacking of Fertilizers
15. Licensing of importers, manufacturers and distributors of fertilizers and issuance of permits
16. Revocation, Suspension or Alteration of A License
17. Appeals on Issuance of Licenses
PART IV- QUALITY ASSURANCE AND MARKETING
18. Requirement for Quality Assurance
19. Quality of Seed
20. Vegetative Propagating Material
21. Quality Assurance of Fertilizers
22. Prohibition on Use of Raw Sewage
23. Safe Use of Pesticides
24. Control of Pests and Diseases
25. Traceability of Produce
26. Contract Farming
27. Marketing Requirements
28. Pricing of Food Crop Produce
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29. Appointment of Crop Inspectors
30. Functions of Crop Inspectors
31. Importation and Exportation of Food Crops
PART V- FINANCIAL PROVISIONS
32. Imposition of Levies
33. Application of Levies
34. Fees
PART VI - GENERAL PROVISIONS
35. Filing of Returns
36. Protection from Personal Liability
37. 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
Seventh Schedule: Food Crops Industry Guidelines
ii
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.
1. These Regulations may be cited as the Crops (Food Crops) Regulations,
2015 and shall come into operation on the date of gazettement.
Interpretation.
2. 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;
“country of origin” means the country where 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;
“non- commercial activity” means collecting, transporting, storing or
selling of food crops or food crop products by a producer
“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;
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‘’
“grower association” means any registered group, association, cooperative
society, corporate body, union or federation of food crops growers in
Kenya;
“grower” means a person or a group of persons who cultivates food crops
in Kenya and includes both smallholder and plantation grower;
“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;
“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
“Manufacture of fertilizer” means production or blending of fertilizers
“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
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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;
“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;
“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 …………………………………………..
“Directorate” means the food crops directorate established by the
Authority under section 11 of the AFFA Act, 2013
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Scope and
purpose of the
regulations
3. 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
4. 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
5 (1) The Directorate shall in consultation with the County governments;
Functions of the
Directorate
(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
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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) Registration of growers and grower associations
(2) The directorate shall;
(1) Participate in the formulation of general and specific policies for the
development of scheduled food crops.
(2) Advise the Board and stakeholders on matters related to the food crops
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subsector.
(3) Promote and advise on strategies for value addition of food crops in
Kenya.
(4) Collect and administer any levies that shall be imposed by the Cabinet
Secretary with respect to food crops)
(5) In consultation with the National Biosafety Authority, advise the
government on the introduction, safe transfer, handling and use of
genetically modified species of plants in the country.
(6) Advise the Cabinet Secretary on the minimum prices of the food crops.
(7) 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.
(8) Prescribe the minimum period within which growers are to be paid for
food crops delivered and penalties for delayed payments;
(9) Advise the national and county governments on food crops levies
(10)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
(11)
License and regulate food crops
(12)
Resource mobilization for research in food crops.
(13)
Provide capacity and technical assistance to the counties
(14)
Perform any other relevant function.
PART III— REGISTRATION AND LICENSING
Registration of
growers, grower
associations,
propagators of
5. (1)The Authority, in consultation with the County governments shall issue
licenses and registration certificates with respect to food crops.
(2) A smallholder grower of food crops may register with such grower
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planting
materials and
dealers
association registered and recognized by the Authority.
(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 Authority.
(5) Every grower association of food crops shall register with the Authority.
(6) Every propagator of planting material outside the formal seed system shall
register with the Authority.
(7) Every dealer of food crop produce shall register with the Authority.
(8) Every exporter or importer of food crop produce and products shall
register with the Authority.
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Procedures for
application for
registration
6. (1) Applications for registration of grower associations, plantation growers
and propagators of planting materials shall be made to the Authority as set
out in Form FCD A002 of the Second Schedule.
(2) Application for registration of dealers shall be made to the Authority as
set out in Form FCD A003 of the Second Schedule.
(3) The Authority 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 Authority 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 Authority shall notify the
applicant giving reasons for the rejection within 14 days 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 Cabinet Secretary within 30 days after
notification by the Authority if the application is rejected after resubmission
(8) The Authority 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) The Authority shall issue registration certificates to all registered dealers
as set out in Form FCD R002 of the Third Schedule.
(10) A certificate of registration shall not transferable.
Revocation of
registration
certificate
7. Certificates issued under regulation (6) 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
8. (1) Every grower association registered by the Authority shall maintain a
register of its members in accordance with the Form FCD S001 of the Fourth
Schedule which shall be submitted to the Authority 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
Authority on or before 31st January of each year.
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(3) The Authority and the 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) A person who contravenes the provisions regulation 9(1) and (2)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
9. (1)The County Government in collaboration with the Authority shall issue a
movement permit for transportation of food crops produce and products to
ensure compliance to food safety standards and traceability.
(2) No person shall move or cause to be moved any consignment of food crop
produce in excess of 5 metric tonnes 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 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 and no other such charge
shall be made to the same consignment by other counties as prescribed in
Part 2 of the Sixth Schedule.
(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.
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(9) The revenue generated for the permits 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 offence and 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.
Licensing of
Processors
10. (1) No person shall operate a food crops processing plant without a valid
processing license from the Authority.
(2) A person who intends to set up a food crops processing plant shall apply
to the Authority for a preliminary approval in accordance with Form FCD
A005 as set out in the Second Schedule.
(3) The Authority shall on receipt of the application and upon verification and
approval issue a letter of Preliminary Approval in accordance with Form FCD
PLA001 as set out in the Fourth Schedule within 30 days after submission of
application.
(4) The holder of a Letter of Preliminary Approval shall proceed to seek other
necessary approvals.
(5) The holder of a Letter of Preliminary Approval who shall have obtained
the necessary approvals to the satisfaction of the Authority shall apply for a
license from the Authority as set out in Form FCD A006 of the Second
Schedule.
(6) The Authority shall after considering an application for licensing under
these regulations give notice of the proposed grant of license in the Kenya
Gazette and in such other manner as the Authority may determine at least 30
days before granting the license.
(7) The notice referred to in sub regulation (4) shall—
a) Specify the name or other particulars of the person or class of persons to
whom the license is to be granted;
b) state the purpose for the proposed license and indicate the date such
license is proposed to be issued to the successful applicant; and
c) invite objections to the proposed grant of license and direct that such
objections be lodged with the Authority within fourteen days next
following the date of the notice.
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(8) The Authority shall after considering objections by interested parties, if
any, make a decision to issue a license or reject the application within 30
days after expiry of the notice.
(9)A successful applicant shall be issued with a processing license as set out
in Form FCD L001 of the Third Schedule.
(10) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 14 days after receipt of the
application or within 30 days after expiry of the notice in the case of
rejections arising from objections under sub-regulation (7) (c).
(11)The applicant may resubmit an application following rejection after
addressing the issues raised in the objection.
(12) Every processor of food crop produce shall apply for renewal of a license
by filling and submitting an application form for renewal of processing
license as set out in Form FCD A006 of the Third schedule not later than the
first day of the month of June in which the current license is due to expire.
(13) The fees to be charged for a license or renewal for food crops processing
under this regulation shall be payable to the Authority as the case may be, as
prescribed in Part 1 (a) of the Sixth Schedule.
(14) The Authority may consider a late application upon an applicant giving
reasonable cause for the delay and, upon approval of such an application, the
applicant shall pay a penalty of fifty per cent of the fees payable.
(15) A licensed processor shall notify the Authority of all changes in its
ownership or shareholding, business operations or production scale within 30
days of the changes.
(16)A person who contravenes the provisions regulation (1) commits an
offence and shall be liable on conviction to a fine not exceeding ten million
shillings or imprisonment for a term not exceeding five years, or both.
Licensing of
warehousing
operators
11. (1) No person shall operate a food crops warehouse without a valid
operator’s license issued by the Authority.
(2) The Authority, in consultation with the County government shall issue a
warehouse license to all warehouse operators.
(3) A warehouse operator shall apply to the Authority for the issuance or
renewal of a license to operate a warehouse as set out in Form FCD A007 of
the Second Schedule.
(3) The fees to be charged for a warehouse operator license or a renewal
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under these regulations shall be payable to the Authority as set out in Part 1
(b) of the Sixth Schedule.
(4) The Authority shall after considering an application for a warehouse
operator’s license under these regulations make a decision to issue the license
within 30 days after receipt of the application.
(5) The Authority shall issue a successful applicant with a warehouse
operator’s license as set out in Form FCD L002 of the Third Schedule after
certification based on the conditions prescribed in the license.
(6) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 30 days after receipt of the
application.
(7) The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(8) If rejected after resubmission, the applicant may appeal to the Cabinet
Secretary within 30 days from the date on which the notice of the rejection
was communicated.
(9) A License issued under sub regulation 3 shall not be transferable.
(10) A person who contravenes the provisions of 12(1) commits an offence
and shall be liable on conviction to a fine not exceeding five hundred
thousand shillings or imprisonment for a period not exceeding 1 year, or both.
Licensing of
warehouses
12.(1) No premises shall be operated as a food crop warehouse unless it has
been licensed as such by the Authority.
(2) The Authority, in consultation with the County government shall issue a
warehouse license to all warehouse facilities in respect to food crops
(3) A warehouse operator shall apply to the Authority for the issuance or
renewal of a warehouse license as set out in Form FCD A007 of the Second
Schedule.
(4) The fees to be charged for a license or renewal under these regulations
shall be payable to the Authority or the County Government, as the case may
be, as set out in Part 1 of the Sixth Schedule.
(5) The Authority or its appointed agent shall inspect, and either certify,
approve and designate or reject the premises for use as a warehouse using
Guidelines for Certification of Warehouses specified in Part 1 of the Seventh
Schedule or as per guidelines provided by the Authority from time to time.
(6) The Authority shall issue a successful applicant with a warehouse license
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as set out in Form FCD L003 of the Third Schedule within 90 days after the
application.
(7) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 30 days after receipt of the
application.
(8) The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(9) If a reapplication rejected after resubmission, the applicant may appeal to
the Cabinet Secretary within 30 days from the date on which the notice of the
rejection was communicated.
(10) A person who has been licensed to operate a warehouse shall notify the
Authority 30 days before cessation of the warehouse operator’s services at the
licensed warehouse.
(11) Upon notification of cessation of warehouse operator’s services, the
Authority shall take such measures as it shall deem necessary to safeguard the
interests of the depositor of food crops in the licensed warehouse.
(12) A license issued under sub regulation (4) shall be valid from the date of
issue up to thirtieth of June of the calendar year unless earlier cancelled
(13) A license issued under sub regulation (4) shall not be transferable,
(14) A licensed warehouse operator shall notify the Authority of all changes
in ownership or shareholding of the warehouse within 30 days from the date
the changes are made.
(15) A person who contravenes the provisions of 13 (1)(2)(3)(9)(12) and (13)
commits an offence and shall be liable on conviction to a fine not exceeding
five hundred thousand shillings or imprisonment for a period not exceeding 1
year, or both.
Licensing of
Importers and
Exporters
13. (1) Every person who wishes to import or export food crops produce shall
register with the Authority as a food crop and food crop produce dealer as
specified in regulation 5 (6) of these Regulations.
(2) A registered dealer intending to import or export food crops produce shall
apply for a food crops produce and products export or import license from the
Authority by completing an application form as set out in Form FCD A008 of
the Second Schedule.
(3) The Authority shall after considering an application for a license under
these regulations make a decision to issue a license or reject the application.
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(4)The fees to be charged for a license or renewal under these regulations
shall be payable to the Authority as set out in Part 1(b) of the Sixth Schedule
(5) The Authority shall issue a license to a successful applicant as set out in
Form FCD L004 of the Third Schedule within 30 days after receipt of the
application.
(6) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 30 days after receipt of the
application
(7)The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(8) A license issued under this part shall be valid from the date of issue up to
thirtieth of June of the calendar year unless earlier cancelled.
(9) A license issued to an exporter or importer shall not be transferable.
(10) A license issued under these Regulations shall be subject to such
conditions as the Authority may impose from time to time.
(11)The Authority shall cancel an import or export license of a person who
contravenes these Regulations.
(12) A repeat offender shall have the offender’s license cancelled for a period
of not more than three years.
(13) A person who contravenes the provisions of sub regulation 14(1) (9)
commits an offence and shall be liable on conviction to a fine not exceeding
five hundred thousand shillings or imprisonment for a period not exceeding
1 year, or both
Licensing for
repacking of
fertilizers
14. (1) No person shall repackage fertilizers without a license from the Authority.
(2) Repacking of fertilizers shall only be undertaken by licensed persons at
premises specified in the repackaging license
(3) Any person who intends to be licensed to repack fertilizers shall apply for
a fertilizer repacking license by completing an application form as set out in
Form FCD A010 of the Second Schedule.
(3) The Authority shall after considering an application for a license under
these regulations make a decision to issue a license or reject the application.
(4)The fees to be charged for a license or renewal under these regulations
shall be payable to the Authority as set out in Part 4 of the Sixth Schedule
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(5) The Authority shall issue a license to a successful applicant as set out in
Form FCD L005 of the Third Schedule within 30 days after receipt of the
application.
(6) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 30 days after receipt of the
application
(7)The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(8) A license issued under this part shall be valid from the date of issue up to
thirtieth of June of the calendar year unless earlier cancelled.
(9) A license issued for repacking of fertilizer shall not be transferable.
(10) A license issued under these Regulations shall be subject to such
conditions as the Authority may impose from time to time.
(11)The Authority shall cancel a repackaging license issued to person if the
person contravenes these Regulations.
(12) A repeat offender shall have the offender’s license cancelled for a period
of not more than three years.
(13) Every person who repackages fertilizer shall furnish the Authority with
semiannual returns on the fertilizer repackaged as set out in Form FCD S004
of the Fourth Schedule.
(14) A person who contravenes the provisions of
regulation
14(1)(2)(9)(12)commits an offence and is liable on conviction, to a fine of
one million shillings or to an imprisonment for a term not exceeding three
years or both
Licensing of
importers,
manufacturers
and distributors
of fertilizers and
issuance of
permits
15. (1) No person shall import, manufacture or distribute fertilizers without a
valid license from the Authority
(2)No person shall import fertilizer without a permit from the Authority.
(3) Every person who intends to import, manufacture or distribute fertilizers
shall apply for a fertilizer license by completing an application form as set out
in Form FCD A011 of the Second Schedule.
(4) Every importer of fertilizer shall apply for a fertilizer import permit for
every consignment of fertilizer imported by filling Form FCD A012 as set
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out in the Second Schedule
(5)The Authority shall after considering an application for a license or permit
under these regulations make a decision to issue a license or permit or reject
the application.
(6) In case of rejection of an application, the Authority shall notify the
applicant giving reasons for the rejection within 30 days after receipt of the
application.
(7)The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(8)If rejected after resubmission, the applicant may appeal to the cabinet
secretary within 30 days from the date on which the notice of the rejection
was communicated.
(9) The Authority shall issue a license to a successful applicant as set out in
Form FCD L006 of the Third Schedule within 30 days after receipt of the
application.
(10)The Authority shall issue a fertilizer import permit to a successful
applicant as set out in Form FCD P002 of the Third Schedule.
(11) A license issued under this part shall be valid from the date of issue up to
thirtieth of June of the calendar year unless earlier cancelled.
(12) A license or permit issued to an importer, manufacturer or distributor
shall not be transferable.
(13) A license or permit issued under these Regulations shall be subject to
such conditions as the Authority may impose from time to time.
(14)The Authority shall cancel an import, manufacturing or distribution
license or permit of a person who contravenes these Regulations.
(15) A repeat offender shall have the offender’s license suspended for a
period of not more than three years.
(16) The fees to be charged for a license or permit or renewal under these
regulations shall be payable to the Authority as set out in the Sixth Schedule
(17) Every importer, manufacturer or distributor of fertilizer shall furnish the
Authority with semiannual returns on the fertilizer imported, manufactured or
distributed as set out in Form FCD S004 of the Fourth Schedule
(18) A person who contravenes the provisions of sub regulation
(1)(2)(11)(12) commits an offence and shall be liable on conviction to a fine
16
not exceeding five hundred thousand shillings or imprisonment for a period
not exceeding 1 year, or both
Revocation,
suspension or
alteration of a
license
16. (1) The Authority may revoke, alter or suspend any license issued in this Part
if in its opinion:
a) the conditions of issuance of the license have been contravened or not
complied with,
b) An offence under the Crops Act, 2013 or in respect of the licensed
activity under any other written law has been committed by the license
holder or any employee of the license holder.
(2) If revoked the holder of the license shall immediately surrender it to the
Authority.
(3) If the purpose for which a license is issued ceases, the license holder shall
surrender the license to the Authority and it shall cease to have effect
forthwith
Appeals on
issuance of
licenses
17. (1) An applicant for or holder of a license who is aggrieved by the decision of
the Authority on, or in respect of –
a) the grant, refusal, renewal, variation of revocation or,
b) The conditions imposed on the grant, renewal or variation, of a
license, may appeal to the Cabinet Secretary within 30 days from the
date on which the applicant first received the notice of decision.
PART IV: QUALITY ASSURANCE AND MARKETING
Requirement for
quality
assurance
18. The Authority shall, in collaboration with relevant Government agencies and
county governments, ensure that food crop inputs, produce and products
conform to quality standards in line with the relevant laws and provisions of
these regulations.
Quality of seed
Cap 326
19. All dealers in seed for food crop production shall supply quality seed in
accordance with the Seed and Plant Varieties Act.
Vegetative
propagation
material
20. (1) Every propagator of vegetative planting material for food crops outside
the formal seed system shall ensure that material conforms to guidelines on
the quality of vegetative planting material as given by the national standards
17
organization and the Authority
(2) Every propagator of vegetative planting material of food crops outside the
formal seed system shall keep accurate records of distributed planting materials
in accordance with Form FCD S002 of the Fourth Schedule and shall produce
such records on demand for purposes of inspection.
(3) A propagator who contravenes sub-section (1) and ( 2) 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
(4) Every grower shall source vegetative propagating material from a registered
propagator of planting material
Quality
assurance of
fertilizers
21. (1) All dealers in fertilizers for production of food crops shall supply quality
fertilizers in accordance with the relevant National Standards on fertilizers.
(2)No dealer in fertilizer shall repackage fertilizer in less than 50 kg packages
unless licensed by the Authority under regulation 14(5) and such repackaging
shall only be done in approved premises in conformity with the national
packaging and labeling standards for fertilizers.
(3)The Authority shall in collaboration with relevant agencies
a) prescribe the standards of composition ,efficacy fineness and
purity of fertilizers,
b) prohibit or limit percentages of certain substances in fertilizer,
c) prescribe the requirements of proper storage conditions of
fertilizers,
d) prescribe the manner of packaging, branding labelling, marking
and sealing of containers.
(4) The Authority shall, in collaboration with relevant agencies, from
time to time undertake random sampling, testing and analysis of
fertilizers materials manufactured, sold or imported to determine
their conformity to quality standards (composition, fineness,
purity, percentages of certain substance, weight) listed in the Part
2 (b) Seventh Schedule
(5) No person shall deal in fertilizer that is adulterated or illegally
repackaged.
(6) Importers, manufacturers and sellers of fertilizers shall be
required to keep records and file returns with the Authority on the
quantities imported, manufactured or sold on semi-annual basis in
18
accordance with Form S004 as set out in the Fourth Schedule.
(7) Importers, manufacturers and sellers of fertilizers shall be required
to store fertilizer in accordance with the Part 2 (a) of the
Guidelines on storage of fertilizers set out in the Seventh
Schedule.
(8) Every grower of food crops shall be responsible for on-farm safe
use and storage of fertilizers.
(9) A person who contravenes the provisions of sub regulation (1) (2)
(5) (6) (7) commits an offence and shall be liable on conviction to
a fine not exceeding five hundred thousand shillings or
imprisonment for a period not exceeding 1 year, or both.
(10)
The Authority shall issue guidelines for use of fertilizer for
food crop production from time to time.
(11)
The authority, in collaboration with the County
Governments shall put in place measures to ensure regular farm level
testing and analysis of soils and fertilizers from time to time to
determine nutrient requirements and fertilizer use by food crop
growers and such results shall be shared with Counties and
disseminated for use by food crops growers.
Prohibition on
use of raw
sewage
22. (1) No grower shall use human raw sewage and factory effluent for
production of food crops.
(2) A person who contravenes the provisions of sub regulation (1) commits an
offence and 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
Safe use of
pesticides
Cap 346
23. (1) All dealers in Pest control products for food crop production shall supply
quality pest control products in accordance with the Pest Control Product Act.
(2) All growers of food crops shall use, store and dispose pest control
products in accordance with the Pest Control Products Act.
(3) Notwithstanding the provision of sub-regulation (1) and (2) every grower
shall be responsible for on-farm safe usage, storage and disposal of pest
control products in accordance with the Pest Control Products Act and Part 3
of the guidelines set out in the Seventh Schedule of these regulations.
(4) Every grower shall at all times in the production or storage of food crops
use pest control products approved and registered by Pest Control Products
19
Board on a particular crop and for the control of a specified pest.
(5) A person who contravenes the provisions of this regulation commits an
offence and 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
. (6) Every grower shall maintain all records of pest control products and other
substances used in production and /or storage of food crops and shall produce
such records upon demand by the crops inspector.
(7)A person who contravenes the provisions of sub regulation (6) commits an
offence and shall be liable on conviction to a fine not exceeding fifty
thousand shillings or imprisonment for a period not exceeding two months,
or both
Control of pests
and diseases
24. (1) The Authority shall, in collaboration with the County Governments, and
other relevant regulatory agencies regularly undertake surveillance and
inspections of farms for production of food crops for the purpose of
monitoring the incidences and intensity of pests and diseases.
(2) If the Authority considers that the levels and intensity of disease and pest
incidence are beyond the threshold levels, it shall:
a) require that specified pest and disease control measures are
undertaken by the propagator of planting material, grower or the
County Government in whose area the pest and disease incidence has
occurred, or
b) advise the Cabinet Secretary;
Traceability of
produce
i.
who may direct appropriate action to be undertaken.
ii.
to consider invoking Section 31 of the Crops Act 2013.
25. (1) A dealer or processor shall ensure that the food produce or products can
be traced to the source by providing details as per the guideline on food
produce and products traceability requirements set out in Part 4 of the
Seventh Schedule .
(2) A dealer or processer shall establish and maintain a distinct traceability
code for every source of their produce.
(3) A person who contravenes the provisions of sub regulation (1) (2)
commits an offence and shall be liable on conviction to a fine not exceeding five
hundred thousand shillings or imprisonment for a period not exceeding 1 year,
or both
20
Contract
farming
26. (1) Any transporter, dealer, warehouse operator or processor intending to
enter into contract with a food crop grower or grower association shall
register the contract with the Authority.
(2) Any contract between a transporter, dealer, warehouse operator or
processor with a grower or grower association shall be in accordance with
guidelines on contract farming set out in Part 5 of the Seventh Schedule.
(3) A grower and a dealer, processor or exporter who is aggrieved by the
failure of the other party in fulfilling the terms of the specified contract shall
notify the Authority within thirty days after the date of default.
(4) The Authority may, upon receipt of the notification of breach of contract
under (3) mediate between the parties.
(5) If either or both the parties to the contract are not satisfied with the
outcome of the process of mediation under sub-regulation (4), the aggrieved
party may opt for arbitration as specified in section 41 of the Crops Act 2013.
(6) The Authority shall not mediate on any contract that is not registered with
the Authority.
(7) A person who contravenes the provisions of sub regulation (1) (2)
commits an offence and shall be liable on conviction to a fine not exceeding
three hundred thousand shillings or imprisonment for a period not exceeding
year, or both
Marketing
requirements
AFFA Act 2013
27. (1) All food crops shall be harvested at the physiological maturity or as per
the market requirements for a specific crop.
(2)All food crops shall be, sorted, graded, processed, packaged, labeled,
transported, and stored in accordance with standards in Part 6 of the Seventh
Schedule or the standards in force at the time and any other guidelines that
shall be provided by the Authority.
(3) The unit of measurement of all food crops produce shall be the
kilogramme and each single package shall not exceed a net weight of fifty
kilogrammes.
(4) All food crops produce and products dealers shall display and use a
weighing scale that has been properly calibrated, serviced, inspected and
approved by the weights and measures department in the Ministry for the
time being in charge of Trade.
Food, Drugs
and Chemical
substances Act
(5) All food crop produce shall be offered for sale only in markets designated
by the County and National governments.
21
(CAP 254)
(6) All food produce in the collection centers, stores, markets, warehouses
shall be randomly sampled, tested and analyzed by the Authority in
consultation with the County government from time to time to ensure
conformity to food safety and quality requirements in accordance with other
existing law.
(7) All food crops produce, whether produced locally or imported into the
country, shall upon being established as not conforming to food safety and
quality requirements, be seized, detained, disposed off or destroyed by the
Authority in an appropriate manner and other relevant laws and at the cost of
the offender.
(8) A person who contravenes the provisions of sub regulation (1) (2) (3)
commits an offence and shall be liable on conviction to a fine not exceeding
five hundred thousand shillings or imprisonment for a period not exceeding
1 year, or both
Pricing food
crop produce
28. (1) The Authority shall from time to time, in consultation with relevant
stakeholders, and taking into account all pricing parameters, recommend to
the Cabinet Secretary prices for specific food crop produce.
(2) The Cabinet Secretary may, upon the advice of the Authority, publish
recommended food crop produce prices and the minimum time within which
growers shall be paid.
Appointment of
crops inspectors
29. (1) The Authority shall appoint qualified persons to be inspectors to carry out
inspections of all food crops produce and products.
(2) A person appointed as an inspector under sub-regulation (1) shall
a) Be persons that hold a minimum of a diploma in agriculture or
related field from a recognized University.
b) Have the relevant expertise and experience in the agriculture.
(3) A person appointed as an inspector shall not engage in any business
connected with the production, export, sale or distribution of food crops
produce and products.
(4) In the exercise of their powers of entry and inspection, the inspectors
shall be guided by the provision of Section 28 and 29 of the Crops Act, 2013.
Functions of
food crops
inspectors
30. (1)Without prejudice to the generality of regulation 28 (4), inspectors shall;
(i) Monitor activities associated with food crops inputs, production,
dealing, handling and processing to ensure compliance with these
regulations,
22
(ii) Regularly undertake surveillance and inspections to ensure that;
a) Production, distribution and use of inputs for food crop production
conform to provisions of these regulations.
b) Dealers and processors in food crops produce and products adhere
to the terms and conditions of registration, licensing and
guidelines set out in Second, Third and Seventh Schedules.
(2) The inspectors at the county level shall be responsible to the Authority
and shall work in collaboration with the County Executive committee
member for Agriculture in discharging their functions.
(3) Any person who prevents, hinders or obstructs an inspector in performance
of their functions and duties commits an offence and is liable, on
conviction, to a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding one year or both.
Importation and
Exportation of
food crops
31. (1) The Authority shall determine annually the domestic production and
consumption of all food crops to establish levels of surplus or deficit and
advise the Cabinet Secretary on exportation or importation of all food
crops.
2) Every importer or exporter shall apply for a food crops export or import
permit for every consignment of food crops imported or exported by filling
Form FCD A012 as set out in the Second Schedule
(3) No food crops shall be imported into or exported from Kenya otherwise
than through a customs port of entry or exit.
(4) Each consignment of imports or exports of food crops produce shall be
declared at the port of entry or exit and physically verified by the Authority or
its authorized agent.
(5) A registered importer shall provide, on request by the Authority;
i.
Original copies of importation and customs entry documentation.
ii.
An import permit for shipment of the specific consignment.
iii.
Evidence of payment of duties and levies.
iv.
A certificate of origin and contact details of the exporters and
importers from whom they procured.
(6) The Authority shall, upon payment of import/export permit fee prescribed
in Part 2 of the Sixth Schedule and satisfying the terms and conditions set out
in Form FCD A011, issue an import or export permit to a registered importer
or exporter.
23
(8) Upon satisfying the conditions for import of food crop produce and
products under these regulations, the Authority shall release the consignment
to the consignee
(9) All consignments whether repacked or in original package shall bear in
bold print, the name and contact details of the consignor, consignee and the
country of origin
(10) All produce intended for importation into the country shall be tested and
analyzed for conformity to national food safety standards and requirements at
the point of entry.
(11) Any consignment of food crops produce that is either smuggled or does
not conform to the quality standards, shall be seized, detained and disposed of
or destroyed in an appropriate manner by the Authority at the cost of the
offender.
12) Food crops produce and products whose documentation does not meet the
requirements of the Authority shall be seized and detained for verification
and may be released to the consignee by issuance of a release order from the
Authority.
(13) A person who contravenes the provisions of sub regulation (3) (9)
commits an offence and shall be liable on conviction to a fine not exceeding
three hundred thousand shillings or imprisonment for a period not exceeding
one year, or both
PART IV- FINANCING PROVISIONS
Imposition of
levies
32. (1) The Cabinet Secretary with the approval of Parliament hereby imposes a
levy on all food crops and food crop products imported into and exported out
of the country as per rates set out in Part 3 of the Sixth Schedule which shall
be reviewed from time to time.
(2) The levy imposed under sub regulation (1) shall be—
(a) payable at the point of exit or entry.
(b) collected by the Authority or its appointed agent.
(3) Any levy under this regulation, unless the manner of remitting is
specifically provided for, shall be payable to the Authority or its agents by an
exporter or importer in such a manner and within such time as the Authority
may direct.
(4) Any levy imposed under this regulation which remains unpaid shall be
24
recovered by the Authority with interest, as a civil debt due to it from the
person by whom it is payable.
Application of
levies
33. (1) The levy collected shall be apportioned as follows;
(a) 70 percent shall be applied by the Authority in carrying out its
promotion, development and regulatory functions for food crops.
(b) 25 percent towards priority food crops research programs in liaison
with relevant research institutions; and
(c) 5 percent to support development and promotion of food crops in
the Counties.
(2) Without prejudice to the foregoing, the proceeds of the levies may be used
for all or any of the following purposes:—
(a) facilitating the marketing of food crops and food crop products in
existing and new markets and matters incidental thereto;
(b) regulation and compliance activities;
(c) any other use as may be approved by the Authority from time to time
Fees
34. The fees to be charged for licenses, renewal of licenses and movement
permits under these regulations shall be as set out in the Sixth Schedule and
shall be reviewed from time to time.
PART V - GENERAL PROVISIONS
Filing of returns
35. (1) Every processor shall furnish the Authority with monthly production,
stocks of raw material held and marketing data by 10th of every month or
upon request by the Authority as set out in Form FCD S006 in the Fourth
Schedule.
(2) Every exporter or importer of food crops produce and products shall make
monthly returns to the Authority in the manner set out in Form FCD S005 of
Fourth Schedule.
Formatted Table
Protection from
personal
liability
36. (1) The Directorate or any of its officers or other persons appointed or
authorized to perform any function under these regulations shall not be held
liable in respect of anything done or omitted to be done by them in good faith
in the exercise of or performance of any power, authority or duty conferred or
imposed upon them under these regulations.
Provision of
capacity and
37. (1) The Authority shall offer support services to county government officers
and other stakeholders in packaging and dissemination of information on
25
technical
support.
new food crop technologies
(2)The Authority shall offer training to the county government officers and
other stakeholders on new technologies across the value chain.
(3) The Authority shall build capacity to the county governments on
agricultural policies, National legislations, regional and international
protocols to facilitate alignment of county bills and legislations in the food
crops sub-sector.
(4)The Authority shall build capacity to the county government officers on
quality and food safety standards in production, post-harvest handling,
transportation, warehousing storage and processing.
(5) The Authority shall build capacity to the county government officers on
data collection, validation, processing, storage and management.
(6)The authority in consultation with the County Governments shall set the
food crops research priorities and establish linkages with international and
regional research organizations.
38. The Authority in consultation with county governments shall mobilize
resources for adoption of technologies in food crops production, marketing
and value addition.
39. Th Authority shall monitor the implementation of food crops regulations and
quality control standards by the county governments.
General penalty
40. (1)A person who contravenes the provisions of these regulations for which no
specific penalty is provided for, commits an offence and is liable, on
conviction, to a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding one year or both.
26
SCHEDULES
FIRST SCHEDULE: LIST OF FOOD CROPS TO BE REGULATED
Common Name
Botanical Name
A. CEREALS
Maize……………………………… …Zea mays L.
Barley ………………………………. Hordeum vulgare L.
Finger millet ……………………......Eleusine coracana (L.) Gaertn.
Pearl millet ……………………..... ..Pennisetum (L.) R.Br.
Rice …………………………………..Oryza sativa L. (1)
Sorghum ………………………....... Sorghum bicolor (L.) Moench.
Wheat ……………………………… Triticum aestirum.
Wheat (pasta)................................Triticum monococcum L.
Oats……………………… …… … Avena sativa L.
Rye ……………………………….....Secale cereale L.
Triticale ……………………………Tricosecale Wittm.
Grain amaranth………………… Amaranthus spp.
B. LEGUMES
Soya beans ………………………….Glycine max (L.) Merr.
Beans……………………..……….... Phaseolus vulgaris L.
Pigeon pea …………………………Cajanus cajan.
Dolichos bean … ………...............Dolichos lablab L.
Cowpea ……………………………Vigna unguiculata (L.) Walp.
Chick peas…………………………Cicer arietienum L.
Broad beans ………………………Vicia faba L.
Cluster bean ………………………Cyamopsis tetragonoloba.
Pea ……………………………….. Pisum sativum L.
C. ROOTS AND TUBER CROPS
Irish potatoes ……………………..Solanum tuberosum L.
Sweet potato.................................Ipomeea batatas
Cassava.......................................Manihot esculenta
19
FORM FCD A001
(r.3)
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION FOR GROWER REGISTRATION IN GROWER ASSOCIATIONS
To: The Chairman
………………………………………. …………………..
…………………………………………………………..
.Application is hereby made for registration as a food crops grower on …………… hectares of
land on parcel specified in Part B below–
A - Particulars of Applicant
1.
2.
3.
Name of applicant …………………………………………………………...
National Identify Card No/Passport No. ……………………………………
Postal Address: …………..………........... Postal Code ………Town........................................
Mobile No………………………………Email: ………………………….…..
B Particulars of Land
1. L.R. No. or No.s………………………………………………………………..
……………………………………………………………………………….......
2. Location……………………… Ward ………………………………….
3. Sub-county …………………………County……………………………….
C. Crops details (List all crops grown)
Crop
Hectare
Signature of applicant
FOR OFFICIAL USE:
Decision of association: …………………………………………………
Date……………..Name of signatory………………………………….
Signature ……………………………….
20
FORM FCD A002
(r. 6(1))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION FOR REGISTRATION OF GROWERS ASSOCIATION/PLANTATION
GROWERS/PROPAGATORS OF PLANTING MATERIALS
(To be filled in triplicate)
Part 1: Category (Tick as appropriate)

Growers Association

Plantation Growers

Propagators of Planting
Materials
Part 2: Particulars of the applicant
1. Full name of Applicant:……………………………………………………………….
2. Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:………………………………. Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
3.Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. L.R. No/Plot No.…………………………….. .
4. Type of Crops grown
a). Associations
Membership:…………………….. Male:……………… Female:…………………( (Attach a list of
members).
Catchment area:…………………………………….
Type of crop
Hectare
b) Plantation grower
21
Type of crop
Hectare
C)Planting material propagator
Crop
Cultivar/Variety
Source of planting
No. of
material
seedling/cuttings/Hectare
c)
I confirm that I shall abide by the requirements of the Food (Food Crops General) Regulations, 2014.
Applicants signature ……………………………………………………Date……………..
PART 4
FOR OFFICIAL USE
Remarks:…………………………………………………………………………………………………….
…………………………………………………………………………………………….……….
……………………………………………………………………………………………………..
 Recommended
 Not Recommended
Name of Crop Authorized Officer ………………..…..………. Signature……………………........
Date …………….…….……
The application should be sent to the Agriculture, Fisheries and Food Authority-Food Directorate,
P. O. Box 20064-00200 Nairobi.
Terms and Conditions
1. This application should be completed in full. An incomplete form shall not be processed
2. A grower Association shall be required to furnish the Authority with evidence of registration and
copies of their Constitution or Articles and Memorandum of Association;
22
FORM FCD A003
(r. 6(2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION/RENEWAL FOR REGISTRATION AS A FOOD CROP AND FOOD CROP PRODUCE
DEALER
(To be filled in triplicate)
Part A: Category / / (Tick one)


Applications for New License
Application for Renewal of License
Part B: Applicant’s Details (To be filled by all Applicants)
1. Full name of Applicant: ……………………………………………………………….
2. Registered office……………………………………… L. R. No. ……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:……………………………….
Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. Branch offices (if any)
Town
Location
Address
1.
2.
3.
23
Part C: CATEGORY OF DEALER (Tick as appropriate)
1.
Check as appropriate
 Collector
 Buyer
 Exporter
 Others (specify)
2.
 Seller
 Transporter
 Stockist
 Importer
Check one
 Individual Ownership
3.
 Partnership
 Corporation
Others (specify)
Specific/Category of Food Crops person/company is dealing with:
Cereals (specify)
4.
Legumes (specify)

Roots and Tubers (specify)
Names and contacts of two business referees(in the food industry) :
(i)
…………………………………………………………….…………………………..
(ii)
.……………………………………………………………..………………………….
I/We …………………………………………………….. Certify that I/we have read and
understood the Crops Act, 2013 and the rules made thereunder.
Date………………………………………………………..
Name of authorized officer: …………………………………. Signature: …………………………………
Terms and Conditions
1.
Incomplete forms shall not be processed
2.
Source produce from registered growers and grower associations
24
FORM FCD A004
(r. 9(2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION FOR FOOD CROP PRODUCE MOVEMENT PERMIT
Full name of Applicant:……………………………………………………………….
AFFA registration Number…………………………………………
Apply to move ………………………………………………………………………………….
(Specify type and quantity of food crops)
From …………………………………………………………………..
(Specify County of origin)
To……………………………………………………. ……………
(Specify County of destination)
Requested Validity period: from.................................... to…..................._____________________________
(Specify dates)
Truck Reg No…………………………………………………………………..
Trailer reg. No…………………………………………………………………..
Name of Applicant…………………………………………….
ID No.……………………..….
I _________________________________________ (Transporter) declare that the information
furnished above is true to the best of my knowledge and belief.
Date…………………………………………..
Signature …………………………………….
FOR OFFICIAL USE
Name of County Government ………………………………………….
Application received by:…………………………………………………
Approved/ Not approved………………………………………………………………..
(Give reasons for non-approval)
25
Signature ……………………………………….
Designation of Authorized Officer …………………………… Stamp………………………………………
Terms and Conditions
Movement’s permits shall be granted subject to the following conditions
1. Movement permit shall not be transferable and shall only be valid for the specified consignment;
2. A Transporter of food crops and crops products shall conform to the national food safety and quality
standards and sanitary phytosanitary (SPS) regulations;
3. A transporter shall ensure that food crops produce and products are transported in an appropriate
manner to ensure that it remains safe and suitable for human consumption;
4. During transportation of food crops and crops products exceeding 5 metric tonnes the transporter
may be required to produce the valid original movement permit for the consignment for inspection
by the authority on demand.
26
FORM FCD A005
(r. 10 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION FOR PRELIMINARY APPROVAL FOR FOOD CROP PROCESSORS
The Director General
Agriculture, Fisheries and Food Authority
P. O. Box
NAIROBI
Dear Sir/Madam,
RE: LETTER OF PRELIMINARY APPROVAL TO ESTABLISH A FOOD CROP
PROCESSING FACTORY
Full name of Applicant M/s …………………ID No/ Registration No( Attach
copy)………………………………….…………………of Postal Address:…………………
…………………………………… Tel ……………………………………………………………..
do hereby express my interest to invest in food crops processing and apply to be granted preliminary
approval to proceed with steps leading to the establishment of the plant to be located on plot
number(s) ……………on ………………….. Street …………….. Location …………… Sub-County
in ………………… County, L. R. No. ……………….…….……..….………
1. Factory processing details
a. Capacity (in Tons/Ha) ……………………………………..
b. The proposed company is intended to process the following food crops and products
No.
Crop produce
Product
i.
ii.
iii.
27
2. List Names and Particulars of Directors/Officials (Attach copies of ID/Passport)
a)
………………………………………………………………………
b) ………………………………………………………………………
c) ………………………………………………………………………
d) ………………………………………………………………………
e) ………………………………………………………………………
I/We undertake to:1. Seek approval from all relevant Government agencies in accordance with existing laws and
regulations
2. Adhere to the provisions of the Agriculture, Fisheries and Food Authority Act,2013, the Crops Acts,
2013 and other relevant laws in force from time to time
3. Support the supply chain to maintain the smooth flow of raw material.
4. Install processing equipment that will match current Kenyan standards,
5. Commit to adhere to the national and international food safety standards.
6. Execute the project within the next 2 years after which this Letter of Preliminary Approval shall be
invalid.
I understand that this application is not a guarantee of being issued with a processing license.
Yours sincerely,
Chief Executive
M/s……………………………………………………………..
(Name of company and Official Seal/Stamp)
28
FORM: FCD A006
(r. 10(5); (13))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION FOR PROCESSING/RENEWAL OF PROCESSING LICENSE
(To be filled in triplicate)
Part A: Category / / (Tick one)


Applications for New License
Application for Renewal of License
Part B: Applicant’s Details (To be filled by all Applicants)
1. Full name of Applicant: ……………………………………………………………….
2. Registered office………………………………… L. R. No. ……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:……………………………….
Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. Branch offices (if any)
Town
Location
Address
1.
2.
3.
4.
29
Part C: Processing/Facility Details
Factory processing details
a. Installed processing capacity (in Tons/Ha) ……………………………………..
b. The proposed company is intended to process the following food crops and products
No.
Food Crop produce
Estimated
Product
Tonnage/year
iv.
1
v.
2
vi.
3
vii.
4
Estimated
Brand Names
Tonnage/year
Date………………….Signature……………………………........…..
Applicant
Terms and conditions
1. The applicant will be required to:
a) Support the supply chain to maintain the smooth flow of raw material.
b) Install processing equipment that match the International standards.
c) Commit to adhere to the national and international food safety standards.
d) To provide evidence of registration of brand names with Kenya Industrial Property
Institute(KIPI).
e) Adhere to the provisions of the Agriculture, Fisheries and Food Authority Act, 2013, the Crops
Acts, 2013 and other relevant laws in force from time to time.
2. An application for renewal of this license shall be made to the Authority not later than the first day of the
month of June in which the current license is due to expire.
3. The authority shall give notice of the proposed grant of license in the Kenyan gazette and such other
manner as the authority may determine at least 30 days before granting the license.
30
FORM FCD A007
(r. 11 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION /RENEWAL OF WAREHOUSE OPERATOR LICENSE
(To be filled in triplicate)


Applications for New License
Application for Renewal of License
Part A: Applicant’s Details (To be filled by all Applicants)
4. Full name of Applicant: ……………………………………………………………….
5. Registered office……………………………………… L. R. No.
……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:……………………………….
Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
6. Branch offices (if any)
Town
Location
Address
5.
6.
7.
8.
7. Types of scheduled crops to be handled:
31
………………………………………………
……………………………………………..
8. Qualification and experience:
a) Proprietor
............................................................................................................................................................
………………………………………………………………………………………………………
b) Staff
Level of education
Primary(KCPE)
Secondary(KCSE/’O’- level
Certificate
Diploma/Higher diploma
Degree
Masters
Other(specify)
No. of staff
c) Specify any other professional course related to the food industry:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
(Attach copies of IDs and certificates)
I hereby certify that the above information is correct to the best of my knowledge.
Date…………………………………………………………………….
Signature of applicant……………….……………………………........…..
Official rubber stamp/seal
Note
NB: A license for a warehouse or warehouse operator will only be issued to persons, co-operative
societies or companies who have fulfilled the conditions of the Authority as set out in guideline one of the
Fourth Schedule.
Terms and Conditions
1. When considering applications for registration or renewal of registration as a
warehouse operator, the Food crops Directorate shall ensure that only warehouses
with the requisite approvals under the Public Health Act, and any other written law
32
are registered.
A warehouse operator shall comply with approved practices and standards
on warehousing including national standards on quality, food safety and
hygiene.
3. Application for registration or renewal of registration a warehouse operator who
is administering warehouse receipting system or is in custody of any produce
belong to third parties, shall submit to the Food Crops Directorate a certified
copy of a valid insurance policy covering all risks related to warehouse
business.
2.
4. Adhere to the provisions of the Agriculture, Fisheries and Food Authority Act, 2013, the Crops
Acts, 2013 and other relevant laws in force from time to time.
5. A warehouse operator shall provide evidence of having persons qualified on food safety matter in
their employment to the satisfaction of the authority
6. An application for renewal of this license shall be made to the Authority not later than the first
day of the month of June in which the current license is due to expire.
33
FORM FCD A008
(r. 12 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION FOR WAREHOUSE LICENSE
Part A: Applicant’s Details (To be filled by all Applicants)
Full name of Applicant:……………………………………………………………….
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:………………………………. Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
Branch offices (if any)
Town
Location
Address
1
2
Registration details:
No of warehouses
Capacity(metric tonnes/ 50 kg bag
Crop(s) to be handled
NB: A license for a warehouse will only be issued to persons, co-operative societies or companies who
have fulfilled the conditions of the Authority as set out in guideline one of the Fourth Schedule.
34
Terms and conditions
1. When considering applications for registration or renewal of registration of a warehouse
the Food crops Directorate shall ensure that only warehouses with the requisite approvals
under the Public Health Act, and any other written law are registered.
2. The warehouse must meet the requirement set out on part (i) of the seventh schedule of
these regulations.
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
Applicant’s Signature………………………….……….
Official rubber stamp/seal
35
Date ………………….…………..
FORM FCD A009
(r. 13 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION /RENEWAL FOR IMPORT/EXPORT LICENSE


Applications for New License
Application for Renewal of License
Part A: Applicant’s Details (To be filled by all Applicants)
1. Full name of Applicant:……………………………………………………………….
2. Registered office……………………………………… L. R. No.
……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No:………………………........ Email:……………………………….
Website:………………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. Branch offices (if any)
Town
Location
Address
1.
2.
3.
4.
4. Type of food crops produce/products to be imported and estimated annual quantities.
36
Type of food crops
Estimated Annual Import Quantity
1.
2.
3.
4.
5.
5. Applicant’s Signature………………………….……….
Date ………………….…………..
(Official Company Stamp)
6. Terms and Conditions
1.
Incomplete forms shall not be processed
2.
An application for renewal of this license shall be made to the Authority not later than the first
day of the month of June in which the current license is due to expire.
3.
A permit issued on this application shall not indemnify the licensee from any liabilities to which
the person may have become liable under the repealed Laws specified in the second schedule of
the crops act.
4.
The holder of the importer/exporter license shall submit monthly returns to the Authority in the
prescribed format.
37
FORM FCD A010
(r. 14 (3))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION/RENEWAL FOR FERTILIZER REPACKAGING LICENSE
(To be filled in triplicate)


Applications for New License
Application for Renewal of License
Part A: Applicant’s Details (To be filled by all Applicants)
1. Full name of Applicant: ……………………………………………………………….
2. Registered office……………………………………… L. R. No.
……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No: ………………………........ Email: …………………………. Website: …………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. Branch offices (if any)
Town
Location
Address
1.
2.
3.
4.
4. Types of fertilizers targeted for importation the quantities.
38
Type of Fertilizers targeted for
importation/Sourced
Planned repacking
quantities (Kg) (List)
1.
2.
3.
4.
5.
5. Premises at which repackaging will be undertaken
6. Applicant’s Signature………………………….……….
Date ………………….…………..
(Official Company Stamp)
Terms and Conditions
1.
Incomplete forms shall not be processed
2.
An application for renewal of this license shall be made to the Authority not later than the first
day of the month of June in which the current license is due to expire.
3.
A permit issued on this application shall not indemnify the licensee from any liabilities to which
the person may have become liable under the repealed Laws specified in the second schedule of
the crops act.
4.
The holder of the importer/exporter license shall submit monthly returns to the Authority in the
prescribed format.
5.
Repackaging of fertilizer shall be done in premises approved by the Authority.
39
FORM FCD A011
(r. 15 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION/RENEWAL FOR FERTILIZER IMPORTATION, MANUFACTURE
OR DISTRIBUTION LICENSE
(To be filled in triplicate)


Applications for New License
Application for Renewal of License
Part A: Applicant’s Details (To be filled by all Applicants)
1. Full name of Applicant: ……………………………………………………………….
2. Registered office……………………………………… L. R. No.
……………….…….……..….………
Postal Address: …………..………........... Postal Code …………Town........................................
Tel/Mobile No: ………………………........ Email: …………………………. Website: …………
Physical address: Building …………………………….. Street:…………Town:………………
County………………………… Sub County……………………….. Ward……………
Village..……………………………….
Company details (where applicable):
Certificate of Company Incorporation /registration No:, ……………
List Names and Particulars of Directors/Officials (Attach copies of ID)
……………………………………………………………………………………………
3. Branch offices (if any)
Town
Location
Address
1.
2.
3.
4.
4. Types of fertilizers targeted for importation, manufacture or distribution the quantities.
40
Type of Fertilizers targeted for
importation
Planned blending
(if any)
Planned distribution
quantities (Kg) (List)
1
2.
3
4
4
5. Applicant’s Signature………………………….……….
Date ………………….…………..
(Official Company Stamp)
Terms and Conditions
1. Incomplete forms shall not be processed
2. An application for renewal of this license shall be made to the Authority not later than the first
day of the month of June in which the current license is due to expire.
3.
A permit issued on this application shall not indemnify the licensee from any liabilities to which
the person may have become liable under the repealed Laws specified in the second schedule of
the crops act.
4.
The holder of the fertilizer importer, manufacture or distribution license shall submit monthly
returns to the Authority in the prescribed format.
41
FORM FCD A012
(r. 30 (5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION FOR PERMIT TO IMPORT/ EXPORT FOOD CROP
PRODUCE/FOOD CROP PRODUCTS/FERTILIZER
1. Name of applicant ………………………
2. Registered office………………………………………………………….….……….
L. R. No. ……………….…….……..….……… Street ……..………….......………
Tel. No. ……….…………....….….………...…. Fax No. …..................….......…..
E-mail …………..…….……....….……...…...
Website …………………..………
3.Place where the premise is located:
Village/area……..….………..….…...……..
Ward……………………….……….….…….
Sub-County…...………………………….. County………………..…..…..……..……….
4. VAT Registration No / ID. No. ………….…………………… PIN ………….……….
5. Type of food crops produce/products/fertilizer to be imported or exported and the quantities. (Tick as
appropriate)
Commodity
Quantity
Customs Value
Source/country of
origin
Point of
entry/exit
NB: Attach details in the format given above
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
I further state that the above declared imports have been approved and certified as being fit for human
consumption and contain no poisonous substance or chemical as per the Kenya’s relevant legislations and
regulations.
. Applicant’s Signature………………………….……….
42
Date ………………….…………..
Terms and Conditions
1. This application shall be accompanied by a phytosanitory certificate from the country of origin,
compliance certificate from the Kenya National Standardization body and the Kenya National
Plant Protection Organization.
43
THIRD SCHEDULE: REGISTRATION CERTIFICATES, LICENSES AND PERMITS
FORM FCD R001
(r. 6.8))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
CERTIFICATE OF REGISTRATION FOR GROWERS’ ASSOCIATION/PLANTATION
GROWERS/ PROPAGATORS OF PLANTING MATERIALS
THIS IS TO CERTIFY that………………………………………………. of postal address
…………………..……………of ……………………………. County, LR No….…………..has been duly
registered by the Authority as a growers’ association/plantation grower/ propagator of planting
materials in accordance with Regulation 6(8) of the Crops (Food Crops) Regulations, 2015
Dated this …………………… day of ………………….20……….
Signature……………………………………….
Head, Food Crops Directorate
AGRICULTURE FISHERIES AND FOOD AUTHORITY
Terms and Conditions
1. This registration certificate is not transferable;
2. A registered Grower Associations shall maintain a register of their members in the format
prescribed by the Authority;
3. A registered Grower Association shall respect and enable the carrying out of the terms and
conditions of any agreements entered between themselves and their members or on behalf of their
members.
4. A Registered Grower Associations, Plantation Growers and Propagators of Planting material
shall ensure that the quality of farm inputs and food crop produce and products comply with the
Food Crops General Regulations and any other relevant laws.
5. The holder of this certificate shall submit monthly returns to the Authority in the prescribed
format.
44
AGRICULTURE FISHERIES AND FOOD AUTHORITY
FORM FCD R002
(r. 6(9))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
DEALER’S CERTIFICATE OF REGISTRATION
THIS IS TO CERTIFY that………………………………………………. of postal address
…………………..…………of ……………………………. County, LR No….……has been duly
registered as a Food Crops …………………………………………………….dealing
………..in………………………………………………………………… by the Agricultural Fisheries
and Food Authority in accordance with section 16(1) of the Crops Act, 2013
Dated this …….…. day of ……………..……….. 20……
Signature…………………………………………
Head, Food Directorate
AGRICULTURAL, FISHERIES AND FOOD AUTHORITY
Terms and Conditions
1. This registration certificate is not transferable;
2. A dealer of food crops and crops products shall conform to the national food safety and quality
standards and sanitary phytosanitary (SPS) regulations.
3. A dealer shall put in place appropriate measures and procedures to ensure that food crops and
crops products are safeguarded from microbiological physical and chemical contamination during
handling, storage and transportation
4. The holder of this certificate shall submit monthly returns to the Authority in the prescribed
format.
45
FORM FCD P001
(r. 9. (3))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
FOOD CROP PRODUCE MOVEMENT PERMIT
M/s…………………………………………………….................... is hereby authorized to move Food crop
produce from …………………………………..to…………………………….............. (Specify destination)
Truck. Reg No…………………………………………………………………..
Trailer Reg. No…………………………………………………………………..
This permit is valid for the transportation of the consignment of ………………………… tonnes of
……………………Crop Produce.
Validity period: from ________________________to_______________________________
Date of issue _____________ time issued ________________________ a.m./p.m.
Expiry date __________________ Time:_______________________________
County of origin…………………………………..
Issued by ………………………………….
Signature ……………………………………….
Designation ………………………………………
Authorized Offer
For: County Executive Committee -Agriculture
Collected by …………………………………………….
ID No.……………………..….
Terms and Conditions
1.
This movement permit is not transferable and is only valid for the specified consignment;
2.
A Transporter of food crops and crops products shall conform to the national food safety and quality
standards.
3.
A transport shall ensure that food crops and crops products and transportation unit are appropriate to ensure
that food crops and produce remains safe and suitable for human consumption;
4.
A transporter of food crops and crops products exceeding 5 metric tonnes shall be required to produce for
inspection by the Authority, the County Government authorized officers and other law enforcement agencies
valid original movement permit for the consignment on request
46
FORM FCD P002
(30. 6(1))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
IMPORT/EXPORT PERMIT
Serial No…………………………….
Authority’s Code
Name/Business name of applicant ………………………………………………
Address……………………………………..Tel……………………………………
Email………………………………………………
Physical location …………………………………………………………..
PIN/VAT No. ……………………………………………………
L.R. No……………………………………………………………..
License No. ………….........................................….....…………
Valid from……….............................................…….to………................…....………….
Is hereby authorized to import/export the following; □ Food crop produce □Food crop product □ Fertilizer
( Tick as appropriate)
Type
Quantity
Value
NB:Attach list
Duration of import/export permit……………………………….days
Expiry date………………………………………………………
Point of entry/delivery……………………………………………..
FOR OFFICIAL USE
3. Checked by:
Officer Name………………..…..Signature……………………..... Date …………….…….…
Approved by:
Director’s Name …………………Signature….………….…………Date ………………...…
Official Food Crops Directorate Rubber stamp
47
Terms and Conditions:
1.
2.
3.
4.
The Authority may vary, suspend or cancel the food crop produce import/export permit issued if the holder fails
to abide with the terms and conditions of the food crops regulations 2015.
The importer/exporter shall provide all the information of the transaction in question to the Authority at all
times on demand.
The import/export permit may be suspended without notice where such importer/exporter infringes the legal
requirements as elucidated in the laws of Kenya.
The holder of this certificate shall submit monthly returns to the Authority in the prescribed format.
48
FORM FCD L001
(r. 10 (10))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
PROCESSING LICENCE
Authority’s Code…….....…………
License Serial No……………….
M/s…………………………………………………of Post office Box ………………………..has been
granted a Food Crops Processing License No. …………………………………….and is/are hereby
authorized to operate a food crops processing plant at plot L.R.No./Plot…………………. in
……………………………..Town/Village……………… Sub-County………...…………….. of
…………………...County
This license is Valid from……….................................... to 31st of June 20…...
Signature…………………………………………..
Signature…………………………………..
HEAD
FOOD CROPS DIRECTORATE
Date…………………………
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
………................................................................……
This license is issued subject to compliance with the provisions of the Agriculture, Fisheries and Food
Authority Act, the Crops Act, 2013, the Crops (Food Crops) Regulations, 2015 and such terms and
conditions as specified hereunder.
TERMS AND CONDITIONS
1. This license is no transferable
2. An application for renewal of this license shall be made to the Authority not later than the first day of
the month of June in which the current license is due to expire.
3. This license is valid only for the crops produce/products specified herein.
4. Any changes in the particulars supplied by the processor for purposes of the license shall be notified to
the Authority in writing
5. The processors shall submit their processing returns to the Authority on a monthly basis in the
prescribed format.
6. A processing license may be suspended where a licensee continues to default in submitting returns
7. An applicant or holder of this license who is aggrieved by the decision of the Authority may appeal to
the Cabinet Secretary within 30 days from the date on which the applicant first received the notice of
the decision.
49
FORM FCD L002
(r. 11 (5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
WAREHOUSE OPERATOR LICENSE
Serial No……………………………
Authority’s Code……………..
M/s…………………………………………………of Post office Box ………………………..has been
granted an Warehouse operator’s License No. …………………………………….and is/are hereby
authorized to operate a warehouse(s) in Kenya pursuant to Regulations 11 of the Crops (Food Crops)
Regulations 2015 and the Crops Act, 2015.
This License is valid from ………………………….to……………………………………….
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
TERMS AND CONDITIONS
1. In the event that the operators intents to cease operations at a particular warehouse, operator shall one
month prior to ceasing operations inform the authority of his intentions
2. The Authority may vary, suspend or cancel the warehouse or warehouse operator license issued if the
holder fails to abide with the terms and conditions of the license.
3. An application for renewal of this license shall be made to the Authority not later than the first day of
the month of June in which the current license is due to expire.
4. This license is issued subject to compliance of the provisions of Agriculture, Fisheries and Food
Authority Act and Crops Act 2013, and the regulations issued thereunder and any other relevant law.
50
FORM FCD L003
(r. 12 (4))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
WAREHOUSE LICENSE
Serial No……………………………
Authority’s Code……………..
M/s…………………………………………………of Post office Box ………………………..has been
granted an Warehouse License No. …………………………………….and is/are hereby authorized to
warehouse a maximum of …………………………… tonnes of food crops produce at any one time at the
following warehouse
Warehouse
No.
Capacity
LR. No/Plot
No
Street
Sub-County
County
1.
2.
3.
4.
This license is issued pursuant to Regulation 12 of the Crops (Food Crops) Regulations 2015 and the Crops
Act, 2015.
This License is valid from ………………………….to……………………………………….
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
51
NB: The Authority may vary, suspend or cancel the warehouse license issued if the holder fails to abide
with the terms and conditions of the license.
The application for renewal of this license shall be made to the Director, Food Crops Directorate so as to
reach at least 1 month before expiry date.
This license is issued subject to compliance of the provisions of Agriculture, Fisheries and Food Authority
Act and Crops Act 2013, and the regulations issued thereunder and any other relevant law.
52
FORM FCD L004
(r. 13 (5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
FOOD CROPS IMPORTER/EXPORTER LICENSE
Serial No……………………………
Authority’s Code……………..
M/s…………………………………………………of Post office Box ………………………..has been
granted an Food Crops Import/Export License No. …………………………………….and is/are hereby
authorized to import/export the types of food crops listed hereunder pursuant to Regulation 14 (5) of the
Crops (Food Crops) Regulations 2015 and the Crops Act, 2015.
This License is valid from ………………………….to……………………………………….
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date of issue ..........................................……
Terms and conditions
1. Issuance of a license under this regulation will be conditional on the applicant satisfying the
Authority that they have complied with National and relevant international Standards and any other
legal requirements.
2. A license issued under this Regulation shall be valid for one year from date of issue.
3. This license is not transferable to any other person.
4. The Authority may vary, suspend or cancel the food crop import/export license issued if the holder
fails to abide with the terms and conditions of the license.
5. The application for renewal of this license shall be made to the Director, Food Crops Directorate so
as to reach at least 1 month before expiry date.
6. This license is issued subject to compliance of the provisions of Agriculture, Fisheries and Food
Authority Act and Crops Act 2013, and the regulations issued thereunder and any other relevant
law.
53
FORM FCD L005
(r. 14 (5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
(LOGO)
THE CROPS (FOOD CROPS) REGULATIONS 2015
FERTILIZER REPACKING LICENSE
M/s…………………………………………………of Post office Box ………………………..has been
granted a Fertilizer Repacking License No. …………………………………….and is/are hereby authorized
to repack all types of fertilizers at the fertilizer ………………plant at plot L.R.No./Plot…………………. in
…………………………….. Town/Village……………… Sub-County………...…………….. of
…………………...County pursuant to Regulation 14 (5) of the Crops
(Food Crops) Regulations 2015 and the Crops Act, 2015.
This License is valid from ………………………….to……………………………………….
Capture more details
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date of issue ..........................................……
Note
This license is issued subject to compliance with the provisions of the Agriculture, Fisheries and Food
Authority Act, the Crops Act, 2013, the Crops (Food Crops) Regulations, 2015 and such terms and
conditions as specified hereunder.
TERMS AND CONDITIONS
1. This license is no transferable
2. An application for renewal of this license shall be made to the Authority not later than the first day of
the month of June in which the current license is due to expire.
3. The licensee shall submit their repacking returns to the Authority on a quarterly basis.
4. This license may be suspended where a licensee continues to default in submitting returns
5. Comply with other relevant Laws/regulations
54
FORM FCD L006
(r. 15(7))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
(LOGO)
THE CROPS (FOOD CROPS) REGULATIONS 2015
FERTILIZER IMPORTATION, MANUFACTURE OR DISTRIBUTION LICENSE
M/s…………………………………………………of Post office Box ………………………..has been
granted a fertilizer importation, manufacture or distribution license License No.
…………………………………….and is/are hereby authorized to import, manufacture or distribute all
types of fertilizers at the fertilizer ………………plant at plot L.R.No./Plot…………………. in
…………………………….. Town/Village……………… Sub-County………...…………….. of
…………………...County pursuant to Regulation 14 (5) of the Crops
(Food Crops) Regulations 2015 and the Crops Act, 2015.
This License is valid from ………………………….to……………………………………….
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date of issue ..........................................……
Note
This license is issued subject to compliance with the provisions of the Agriculture, Fisheries and Food
Authority Act, the Crops Act, 2013, the Crops (Food Crops) Regulations, 2015 and such terms and
conditions as specified hereunder.
TERMS AND CONDITIONS
1. This license is no transferable
2. An application for renewal of this license shall be made to the Authority not later than the first day of
the month of June in which the current license is due to expire.
3. The licensee shall submit their importation, manufacture or distribution returns to the Authority on a
quarterly basis.
4. This license may be suspended where a licensee continues to default in submitting returns
5. Comply with other relevant Laws/regulations
55
FOURTH SCHEDULE: REGISTERS AND RETURNS
FORM FCD S001
(r. 8 (1))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
GROWERS’ ASSOCIATION REGISTER OF MEMBERS
PART A: GROWERS ASSOCIATION DETAILS
Name of the Grower Association……………............................................……....
Physical Address………………………......................….............………………..
P.O. Box ………………......................……………………………………………
Email………………………………………....................................…………........
Fax…………………………..................................……………………………….
Tel…………………………...................................……………………………….
Authority’s Code ………………………………....................................................
Registration No…………..................................PIN No…………………………..
Year.………………………………………………………..……………………....
PART B: MEMBERS AND SERVICES DETAILS
Grower Name Contract Physical Area Under Production
Type of
Service fees
Code
of No. and Location Crop(acres) (metric service offered charged
grower date
tonnes)
(Kshs.)
signed
Prepared by:
Name: ...........................................................
Signature……………………….…………...
Stamp…………………………….. Date………………………………..
56
FORM FCD S002
(r. 19 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
FORM OF DISTRIBUTED VEGETATIVE PLANTING MATERIAL
Grower (buyer) personal information and contact
Name……………………………, Age………………………,
Level of education………………………………..
Identity No/Passport No…………………………………
Postal address…………………………..Town……………….Postal Code,……………….
Mobile Phone No………………………………….
Physical location of destination farm
County…………………Subcounty…………………………..Ward…………………Village………………
………….…Geocoordinates…………………………
Crop production details
Crop
type……………………Acreage
to
be
planted………………………Date……………...time………Quantity
purchased
(no
of
batches…………………. No.Vines/cuttings per batch …………………….. Type (Vines/cuttings per batch
/other specify……………………..)
Variety/cultivar/
landrace
(local
variety)……………………Code………..….
Length
per
piece…………………………….
Propagator details
Name …………………………………………Postal address ………………………..
Mobile phone no………………………………… email ………………………….
Physical location of source farm/establishment
County…………………………………Sub county …………………………….
Ward…………………………………..Town………………..Village………………………..
Crop production details
Crop
type………………………code
……………..………..acreage
under
crop………………………..Harvest date……………Quantity sold(no of batches)…………….no of No.
Vines/cuttings /other (specify ………………………) per batch……………………….
Compliance status on regulation and standards
No
of
inspections………………Certification
available……………………
status
57
…………Evidence
available/not
FORM FCD S003
(r. 9(4))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
MONTHLY SUMMARY RETURNS BY COUNTY GOVERNMENTS TO THE
AUTHORITY ON MOVEMENT OF FOOD CROPS.
To
The Director General
The Agriculture Fisheries and Food Authority (Att: Head- Food Crops Directorate)
Name of County……………………………………..…………………………………………
Returns for the month ending …………………………… Year ……………………………….
Kind of fertilizers imported/manufactured..
Type of food Crop
1.
2.
Quantity
Transported from the County
(Tons)
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
7.
5 major destination
Counties
6. Authorized officers Signature ………………………….……….
Official County Stamp
58
Quantity
Transported
(Tons)
Date ……….…………..
FORM FCD S004
(r. 20(4),14(13),15(14))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
SEMI-ANNUAL RETURNS ON FERTILIZERS BY
IMPORTATION/MANUFACTURING/ DISTRIBUTION/REPACKAGING
(To be filled in triplicate)
Name/Business name :…………………………………………
Address:
Postal address……………………………………..Code:…………………………………….
Tel…………………………………… Email………………………………………………
Physical location
Street ………………………………………… L.R/Plot No………………………………
Registration details
VAT Registration No / ID. No. ………….…………………… PIN ………….……….
Returns for the period ……………………………………………………………….
a)Fertilizer importation
Kind of
fertilizer
imported
Quantity
Imported
Customs Value
Source/country
of origin
Point
of
entry
Quantity
sold
Point
of
entry(
where
applic
able)
Quantity
sold
b)Fertilizer locally manufactured/distributed/repackaged
Kind of
fertilizer
manufactu
red/Distrib
uted/Repa
ckaged.
Quantity
manufactured/Distributed/Repackaged.
59
Value(Kshs)
Source/coun
try of origin
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
6. Applicant’s Signature………………………….……….
Official stamp/seal
60
Date ………………….…………..
FORM FCD S005
(r. 36 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
MONTHLY RETURNS ON IMPORT/EXPORT OF FOOD CROPS PRODUCE AND
PRODUCTS
(To be filled in triplicate)
Name/Business name of importer/exporter…………………………………………
Address:
Postal address……………………………………..Code:…………………………………….
Tel…………………………………… Email………………………………………………
Physical location
Street ………………………………………… L.R/Plot No………………………………
Registration details
VAT Registration No / ID. No. ………….…………………… PIN ………….……….
Returns for the period ……………………………………………………………….
Kind of food crops imported/exported..
Kind of crop
produce or
food product
Quantity
Customs
Imported/exported Value
Country of
origin/destination
country
Point of
entry/exit
Remarks
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
6. Applicant’s Signature………………………….……….
Official stamp/seal
61
Date ………………….…………..
FORM FCD S006
(r. 36 (1))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
MONTHLY RETURNS BY PROCESSORS OF FOOD CROPS PRODUCE AND
PRODUCTS
Month…………………………………………Year…………………20…………….
(To be filled in triplicate)
Name/Business name ………………………………………………
Address:
Postal address……………………………………..Code:…………………………………….
Tel…………………………………… Email………………………………………………
Physical location
Street ………………………………………… L.R/Plot No………………………………
Registration details
VAT Registration No / ID. No. ………….…………………… PIN ………….……….
Type food crop
produce
Quantity (tons)
purchased
Quantity (tons)
processed
Stocks outs
Brand
names
1
2
3
NB: Attach a list where necessary
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
Applicant’s Signature………………………….……….
Official stamp/seal
62
Date ………………….…………..
FIFTH SCHEDULE: PRELIMINARY LETTER OF APPROVAL FOR PROCESSORS
FORM FCD PLA001.
(r. 10 (3))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
LETTER OF PRELIMINARY APPROVAL FOR FOOD CROP PROCESSORS
Reference
Date:…………………
TO: M/s………………………………….
…………………………………………..
…………………………………………..
(Applicant’s name /Company address)
Dear Sir,
RE: LETTER OF PRELIMINARY APPROVAL FOR FOOD CROP PROCESSORS
Following your application to be granted approval to proceed to prepare and undertake establishment of a
food crops processing in Kenya and having demonstrated commitment to taking advantage of the Kenyan
investment policies that will facilitate the easy access to investment incentives and guarantees
Your application has been given preliminary approval to enable you proceed to seek further approval
from all relevant Government agencies in accordance with existing laws and regulations after which you
consult with the Authority on subsequent processes.
You will be required to demonstrate your plan for the following before you are granted a license to
operate the food crops processing factory:
1. Support the supply chain to maintain the smooth flow of raw material.
2. Install processing equipment that will match current Kenyan standards,
3. Commit to adhere to the national and international food safety standards.
4. Execute the project within the next 2 years after which this Letter of Preliminary Approval shall be
invalid.
5. Adhere to the provisions of the Agriculture, Fisheries and Food Authority Act,2013, the Crops Act
2013 and other relevant laws in force from time to time
I understand that this application is not a guarantee of being issued with a processing licence.
63
The Authority is satisfied with your intentions and looks forward to your successful implementation
of the proposed food processing facility.
Yours sincerely,
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
NOTE: Please note that this letter is not a license and does not guarantee the applicant the grant of a
license to operate a food processing factory by the Authority
64
SIXTH SCHEDULE: FOOD CROPS INDUSTRY LEVIES AND FEES
PART 1: LICENSE FEES
a)
Food Crops Processors’ License Fees payable to the Authority
(r. 10(9))
Raw material
Barley, Oat, Wheat,
Rye, Triticale, Maize,
Rice, Finger millet,
Pearl Millet, Sorghum,
Grain Amaranth
Category 2-Legumes
Beans, Broad beans,
Cluster bean Dolichos,
Cow peas, Chick peas,
Pigeon peas Pea ,Soya
beans
Processors
(based on capacity
tons/ hr)
Less than 2
2–5
Validity
6-10
Annual
Annual
Fees/(Ksh)
1,000
3,000
5,000
11-20
8,000
21-45
10,000
Over 45
20,000
Less than 2
500
2–5
2000
6-10
11-20
Annual
5000
8,000
21-45
10,000
Over 45
20,000
Category 3-Roots
Sweet potatoes and
cassava
Less than 0.5
0.5 – 1
Over 1 - 3
Annual
500
1000
1500
Over 3 -5
Over 5
2000
5000
Less than 2
1,000
2–5
6-10
11-20
21-45
Over 45
3,000
5,000
8,000
10,000
20,000
Category 4- Tubers
Irish potatoes
Annual
65
b)
Exporters, Importers, Warehouse and Warehouse Operator’s License Fees (r. 11(3))
Category
Validity
Payable to:
Annual
Annual
Annual
Annual Licensing
Fees/Renewal ( Ksh)
10,000
20,000
10000
Exporter
Importer
Warehouse Operator
Annual
5,000
Authority
Between 10,000 -50,000
Warehouse
Category
Between 51,000-100,000
capacity (in
50kg bags) Between101,000-150,000
Annual
10,000
Authority
Annual
15,000
Authority
Annual
20,000
Authority
Between 150,000-200,000
Annual
25,000
Authority
Over 200,000
Annual
30,000
Authority
Less than 10,000
PART 2: PERMIT FEES
Type of permit
Basis of charge
Amount
(Kshs)
1000
Transporter
Per Consignment
movement permit
Import (food crop Per Consignment
produce
or
products)
Export (food crop Per Consignment
produce
or
products
Fertilizer import Per Consignment
permit
NB: to be reviewed from time to time
Payable to
Free
County government of
origin
Authority
Free
Authority
10,000
Authority
PART 3: IMPORT/EXPORT LEVIES
Type of produce
Cereals.
Export(%
of Import(% of customs value)
customs value)
Raw
Finished Raw
Finished
1.5
1
1.5
3
Legumes
1.5
1
2
3
Roots and Tubers
0.5
0.5
3
3
66
Authority
Authority
Authority
PART 4: LICENSE FEE FOR
IMPORTATION/MANUFACTURING/DISTRIBUTION/REPACKAGING FERTILIZER
Type of license
Validity
Payable to:
Annual
Annual
Annual Licensing
Fees/Renewal ( Ksh)
100,000
20,000
Import
Manufacture
Distribution
Annual
20,000
Authority
Repackaging
Annual
20,000
Authority
67
Authority
Authority
SEVENTH SCHEDULE: FOOD CROPS INDUSTRY GUIDELINES
{r. 12(3); 19(1); 20(5); 22(3); 24(1)}
PART 1: GUIDELINES FOR CERTIFICATION OF WAREHOUSE
{r. 12 (3)}
The food crop directorate shall inspect or appoint independent reputable inspection companies to
inspect warehouses. The inspection will determine the level of certification of the warehouse.
The following guidelines will be used;
1.
If the applicant is not the owner of the warehouse, the applicant must provide a copy of the
lease contract.
2.
The warehouse shall provide facilities bulk grain handling (loading, unloading and bagging).
3.
The warehouse should have grain cleaning equipment and their capacity.
4.
The warehouse should be connected to electricity and have a back-up generator to cater for
interrupted power supply.
5.
The warehouse should provide for drying facility.
6.
The warehouse should have a laboratory room for grading.
7.
The warehouse should have solid wall or strong iron sheets and must be bugler proof
ventilation at the top, below the roof. These should be protected from birds by use of 10mm
wire mesh from the outside and protected from insects by use of 1 mm mesh inside. All
ventilation areas must be water proof
8.
All warehouses must be entirely waterproof
9.
All internal support structures must be made of metallic material
10.
The warehouse floor must be a continuous hard wearing concrete surface and may contain
drainage channels which must be kept clean.
11.
The roof must be covered with corrugated galvanized steel with no rust.
12.
The doors must be of high gauge galvanized steel with no rust.
13.
The warehouse must observe hygiene (drainage cleanliness, freedom from dust, clean pallets
and neatly organized stacks).
14.
All warehouses must have a perimeter wall with free space allow truck access
15.
Shielded area for loading and off-loading in all weather conditions.
16.
A warehouse should have fire extinguishers, smoke detectors and an alarm system
17.
A warehouse should have a guard house and well lit security around the compound.
18.
A warehouse should have weigh bridges and weighing scales.
19.
Warehouse must have offices, walking telephones and internet access.
20.
A warehouse must have guards(1 per 5000 MT stored)
68
21.
Sanitary requirement - Provision of separate wash rooms for both gender (one for 10
persons), with bath rooms for heavy duty laborers, provisions of hand wash taps and feet at
entrance to the stores.
22.
A warehouse should maintain proper books of accounts
69
SEVENTH SCHEDULE
PART 2: (a) GUIDELINES ON STORAGE OF FERTILIZERS
{r. 20 (5)}
The following guidelines will be applied in the storage of fertilizers by importers, manufacturers
and sellers;
1. No importer, manufacturer or seller of fertilizers will store fertilizers in the same
warehouse/premises with foods.
2. A fertilizers store shall have facilities bulk handling (loading and unloading).
3. A fertilizer store should have strong solid wall and must be ventilated at the top, below the
roof. All ventilation areas must be water proof.
4. All fertilizers stores must be entirely waterproof
5. The storage floor must be a continuous hard wearing concrete surface and may contain
drainage channels which must be kept clean.
6. The roof of the store must be covered with an appropriate water proof material with no rust.
7. The doors must strong bugler proof material with no rust.
8. The loading and off-loading area should be protected from moisture.
9. Sanitary requirement – the importer/manufacturer/seller should provide sanitary facilities for
both genders, with bath rooms and provisions of hand wash taps.
10. An importer/manufacturer/seller of fertilizer should provide gum boots and protective gears to
the store workers.
PART 2 (b) LIST OF STANDARDS ON THE QUALITY FOR FERTILIZERS {r. 20 (9)}
ITEM
KEBS CODE
Granulated superphosphate
Foliar fertilizer(inorganic)
Monoammonium phosphate(MAP) and Diamonium phosphate(DAP)
Solid compound fertilizer
Monoammonium phosphate(MAP) and Diamonium phosphate(DAP)
Calcium Ammonium Nitrate
Organic fertilizer
Urea fertilizer
Ammonium sulphate(sulphate of ammonia)
Ammonium sulphate Nitrate(ASN)
KS 46:2012
KS 2228:2014
KS 2424:2012
KS 158:2012
KS 157:2010
KS 47:2013
KS 2290:2011
KS 288:2013
KS 287:2010
KS 51:2013
70
PART 3: GUIDELINES FOR SAFE AND EFFECTIVE USE OF PEST CONTROL
PRODUCTS
(r. 22 (3))
1. All users of Pest control products on food crops must identify pest problem and seek advice from
competent agricultural officer, research stations or accredited stockists before purchase
,transportation, use, storage and disposal of the Pest control products
2. All sellers and users of Pest control products shall be required to be trained by official bodies on
use, with major emphasis on practical handling of the pest control products
3. All users of the pest control products shall ensure that they don’t purchase packs that are
damaged, leaking, have seals tampered with or lack original labels.
4. All users of pest control products shall ensure that the products are not transported on vessels
carrying passengers, livestock, foodstuffs and other materials for human or animal consumption
or use.
5. Contaminated foodstuffs must never be eaten or fed to animals.
6. All pest control products must never be stored with food or animal feeds.
7. All Pest control products users on the farms must:
i)
ii)
iii)
iv)
Never store crop protection products in the living quarters
Always keep them in their original containers.
Always keep them out of the reach of children preferably under key and lock and never
place them where they might be mistaken for food and drink.
Keep them dry, but away from fires and out of direct sunlight.
8. All sellers and users of pest control products shall not break manufacturer’s packages down into
smaller quantities or repack for sale into bottles, bags or tins.
9. Crop protection containers shall not be used for food or drinking water.
10. All pesticide users shall be required to use non leaking spray equipment and wear protective
clothing.
71
PART 4: FOOD PRODUCE AND PRODUCTS TRACEABILITY REQUIREMENTS
(r. 24(1))
1. All food crops growers, dealers and processors shall be responsible for the safety of the produce
and products.
2. All farm produce shall be labeled at source based on guidelines that shall be provided by the
Authority from time to time,
3. All Food products shall be labeled in accordance with East African standards, EAS38: 2000
advertising and presentation must not mislead consumers.
4. Food produce dealers and processors must be able to identify the businesses from whom they
obtained and the businesses they have supplied with food produce and products and provide this
information on demand by the Authority
5. Unsafe food produce and products must be withdrawn from sale or distribution chain or recalled
from consumers if already sold
6. The requirement for withdrawal or recall applies to all stages of processing and distribution of
food produce and products but there is an exemption to primary production for domestic
preparation, handling, storage or use for domestic consumption.
7. Processors, dealers ,importer and exporter shall keep records from whom food produce is sourced
and to whom is sold for a period not less than six months and in consideration of the nature of
the food and its shelf life
8. Food produce or products which are considered unsafe for human health cannot be exported or
imported. The food produce or products must comply with the relevant requirements of national
food law country.
9. The processor is responsible for withdrawing or recalling food produce from the market. They
must also notify the relevant competent authority and collaborate with the authority (ies) on any
action they should take to avoid or reduce the risk posed by the food.
10. Where the processor has reason to believe the food produce has reached the consumer, the
processor must inform the consumer effectively and accurately of the reason for withdrawal of
the produce and product
72
SEVENTH SCHEDULE
PART 5: GUIDELINES ON CONTRACT FARMING BETWEEN GROWER AND
DEALERS/ PROCESSORS OF FOOD CROPS PRODUCE (r. 25(2)
AGREEMENT made the ________ (day) of __________ (month) two thousand and
_______BETWEEN --------------------- (names in full) Identity No. ------------- of P.O.
Box…………(Town/City) hereinafter referred to as the “grower”, which expression shall where the
context so admits, include his successors and assignees of the first Part whose farm/plot L.R No ------------------------------Soil type(s)………………. and is situated in Sub-location ---------------Location…………….
Zone
………………….
Division……………..
District………….
Province…………. AND …………………………………… (name in full) of P.O. Box……………..
(Town/City) hereinafter referred to as the “Dealer/Processor” which expression shall where the context so
admits include its successors and assignees of the Second Part whose company was
incorporated/registered in the Republic of Kenya and having its registered office at
___________________;
WHEREAS the grower is the registered owner/ lessee and wishes to grow ……………..under this
agreement in the aforesaid plot/field whose total area planted with food crop
covering…………….hectares and supply the total harvested produce to the Dealer/ processor;
WHEREAS the grower is /is not a member of any grower association and wishes to enter into
direct/indirect agreement to grow and supply food crop produce to the dealer/processor;
WHEREAS the dealer/processor is willing to enter into agreement and accept all food crop grown under
this agreement in the aforesaid plot/field and deal/process the total harvested food crop produce;
NOW IT IS HEREBY AGREED BETWEEN PARTIES AS FOLLOWS:
TERMS OF AGREEMENT.
The term of this agreement shall commence on the date it is signed and shall, unless sooner determined
under the provisions hereof, continue until the grower has harvested the food crop produce , sold and
handed over/delivered to the dealer/processor and received full payment/ full consideration for the
produce.
This agreement shall cover food crop development services such as (land preparation, purchase/ supply
of seeds and fertilizers, purchase/ supply of herbicides and pesticides, extension/ advisory services,
financing of food crop cultivation, negotiation for affordable credit, maintaining proper bookkeeping,
transport/ distribution of farm inputs and outputs, harvesting, packaging, storage, sorting, grading and
processing).
Any party may harvest, package, store and transport food crop produce within the terms and conditions
agreed between the dealer/processor and grower.
Food crop produce shall be transported efficiently in relevant units of measurement known as
kilogrammes and each single package shall not exceed a weight of fifty kilogrammes or as the parties
may expressly agree.
73
The food crop produce price payable by any party shall be the price derived through the payment based
on the relevant unit of measurement. This shall include the terms and conditions expressly agreed
between the parties in the contract.
The parties to this agreement shall at all times undertake to conduct their business above board with the
aim of ensuring integrity, transparency and accountability.
The nature of this agreement is between willing and consenting parties for which the grower shall be
compensated through payment for work done and the dealer/ processor shall receive such crop produce
being the subject of this contract.
PAYMENT/ CONSIDERATION.
(Specifics of pay drafted here……. and modalities of payment.)
OBLIGATIONS OF THE DEALER/PROCESSOR.
I.
The Dealer/processor shall inform the grower the specifications of the crop produce that he/she
expects at harvest time.
II.
The Dealer /Processor shall take possession of the produce as and when the same is handed over
to him/her on harvesting and delivery or as the case may be.
III.
The dealer/processor shall notify the grower in advance of any planned closure of the process for
any reason, and notification shall be through a detailed annual time account and the provided
annual processing programme.
IV.
The dealer /processor shall pay the grower the agreed amount and or monies agreed expressly in
the agreement for work done and at specified periods as may be agreed between the parties and
expressly agreed on contract.
V.
The dealer/processor shall, at the appropriate time, prepare a harvesting programme (where
applicable) showing the approximate expected time of harvesting the crop of the grower, and
consult with the growers regarding any significant changes therein that the dealer/processor may
subsequently consider necessary to make;
VI.
The dealer/processor shall pay the grower within thirty days of food crop produce delivery or as
otherwise agreed by both the parties and expressly indicated in the agreement.
If a dealer/processor fails to pay the grower as specified by the regulations and guidelines for the
food crop, the dealer/processor shall be liable to pay a penalty of …………% per month and or an
offence punishable as indicated under section 36 and 37 of the Crops act 2013.
VII.
VIII.
The dealer/processor may harvest, transport and weigh food crop produce on behalf of the grower
within the terms and conditions agreed between dealer/processor and grower.
IX.
The dealer/processor shall advise the grower of any change in planned activities as soon as the
need for such change becomes apparent and he shall issue notices to stop further harvesting of
food crop produce in the event of process breakdowns.
X.
The dealer/processor shall list charges for all goods and services to be provided in the agreement
as shown hereafter to allow the grower to make a choice and such chargeable goods and services
74
shall include, pesticides, herbicides, fertilizers, land development, crop maintenance, harvesting,
weighing, transportation and any other specified hereof. (where applicable.)
OBLIGATIONS OF THE GROWER.
I.
The grower shall grow, tend, harvest and deliver (where necessary and expressly stated) food
crops in the manner agreed and stipulated under this agreement.
II.
The grower shall attend meetings and field days convened by the dealer/processor for the purpose
of learning the proper food crop produce husbandry, operation and application of goods and
services obtained from the dealer/processor for the satisfactory yield of food crop produce
(Where applicable).
III.
The grower shall grow and supply food crop produce of requisite quality harvested from the area
specified in the food crop produce farming and supply contract in accordance with the agreement
entered into with the dealer/processor.
IV.
The grower, upon notice, may allow all or any such work to be carried out at his cost by the
dealer/processor and its agents or employees working in conjunction with the grower.(where
applicable).
V.
Within seven days of receipt of a written notification from the dealer/processor that such
operations are necessary to achieve a satisfactory yield of food crop produce, allow unimpeded
access by the dealer/processor and his equipment for the purpose of carrying out any or all
operations which the grower has failed to carry out and that notification shall have either been
served to the grower or his representative and acknowledged, or shall have been posted to the
grower by registered mail of work carried out.(where applicable.)
VI.
The grower shall bear all direct and indirect costs of the works, goods and services supplied by
the dealer/processor as specified in the agreement and unless the same are paid earlier allow such
costs to be deducted from payment for food crop produce supplied by the grower provided
indirect costs, shall have been discussed and agreed at the time of the contract.
VII.
The grower shall offer, for harvest, transport and weighing all such food crop produce as is
derived from his contracted food crop produce as specified in the agreement.
VIII.
The grower shall not sell his/her food crop produce through a middleman nor dispose of it or any
interest therein to any other parties without the written permission of the dealer/processor
specifying the tonnage of food crop produce which may be sold, the date on which the sale may
take place and destination of the food crop produce.
IX.
The grower may appoint a representative in all matters of advocacy for food crop produce
development, financing of food crop produce supply services, costs of farm inputs and related
services.
X.
The grower shall either attend himself or send an authorized representative to the buying point to
witness the condition of the food crop produce at the time of delivery and to obtain a receipt
showing the weight or value of the food crop produce.
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Representations Warranties and Indemnities
Each of the Parties hereto represents and warrants to the other that: I.
He/ she have full power to enter into and to perform its obligations under this Agreement.
II.
Neither the execution nor the performance of this Agreement shall contravene any existing law or
regulation or breach any obligation that is binding upon the parties or upon any of their assets.
III.
Both have taken all necessary actions to authorize the execution of and the performance of its
obligations under this Agreement.
Term & Termination
Unless otherwise stated in this contract this contract is valid for a year/ 6 months/ (or as may be
determined by the parties) from the date of execution. On expiry, the contract shall automatically roll or
terminate automatically unless negotiated a fresh by both parties. (Parties get to choose)
The dealer/processor shall other than as stated in this agreement give a written notice of at least thirty (30)
days prior to the end of the current period, stating that this agreement is to be renewed if so desired.
This Agreement may only be terminated other than pursuant the following instances: The Grower shall be entitled to terminate this Agreement by giving not less than thirty (30) days written
notice to the Dealer/Processor.
Either party shall be entitled forthwith to terminate this Agreement by written notice to the other if:
I.
That other party commits any breach of any of the provisions of this Agreement and, in the
case of a breach capable of remedy, fails to remedy the same within (30) Business Days after
receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
II.
An encumbrance takes possession or a receiver is appointed over any of the property or
assets of that other party.
III.
That other party makes any voluntary arrangement with its creditors or becomes subject to
an administration order.
IV.
That other party makes an assignment for the benefit of, or composition or similar
arrangements with any of its creditors.
V.
That the other party goes into liquidation (except for the purposes of amalgamation or
reconstruction and in such manner that the entity resulting there from effectively agrees to be
bound by or assume the obligations imposed on that other party under this Agreement).
VI.
That the other party ceases, or threatens to cease, to carry on business.
VII.
If any party fails to comply with the procedures established and agreed between them with
regard to the performance of this Agreement.
VIII.
Any waiver by either party of a breach of any provision of this Agreement shall not be considered
as a waiver of any subsequent breach of the same or any other provision of this Agreement.
IX.
The rights to terminate this Agreement given by this clause shall be without prejudice to any
other right or remedy of either party in respect of the breach concerned (if any)
Amendment
This Agreement may only be amended by a memorandum in writing; signed by the duly authorized
representatives of the Parties.
Assignment
The Parties shall not be entitled to assign any rights under this contract without the prior written consent
of the other, which shall be granted, if any at all.
Parties may, with approval and written confirmation, assign any of their rights and/or obligations under
this contract to any third party.
Waiver
No failure or delay on the part of either Party to exercise any right or remedy under this Agreement shall
be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy
preclude the further exercise of such right or remedy.
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TERMINATION OF CONTRACT.
I.
II.
III.
IV.
The grower shall not assign his rights or obligations under the agreement without the written
consent of the dealer/processor.
Where the dealer/processor offers services at the wrong time, the grower may have the option of
arranging for alternative services upon notice to the dealer/processor.
Where the dealer / processor cease to exist, the grower may deliver the food crop to another party
without the approval of the dealer/processor.
If any party decides to discontinue the production of food crop produce or terminate the
relationship with the other party, he shall give a one month notice of his intention to do so and
shall pay all his dues before the expected time of harvest and the dealer/processor or the grower
will then harvest food crop produce in the normal manner provided that such notice shall only be
effective if the grower shall, within the period of notice, repay in full all loans received by him
from the dealer/processor. Any such termination of the contract shall be without prejudice to all
rights accrued and obligations incurred to or by either party prior to the date of termination and
shall not prejudice claim for damages for such breach of contract.
Consequences of termination
The provisions of this Agreement that are expressly stated to survive termination or by their nature are
deemed to survive termination shall continue to be in force.
Save as is provided in this Clause and except in respect of any accrued or antecedent rights or claims
neither Party shall be under any further obligation to the other upon the termination of this Agreement.
Waiver
No failure or delay on the part of either Party to exercise any right or remedy under this Agreement shall
be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy
preclude the further exercise of such right or remedy.
Force majeure
Neither the grower nor the dealer/processor shall be obliged to perform their respective obligations under
this agreement if and to the extent that they or either one of them may be hindered or prevented from so
doing directly or indirectly by an event of force majeure.
The affected party shall report any event of force majeure within seven days from the date of its
occurrence and the competent authorities of both parties shall certify the said event.
The obligations of the parties under the specified agreement shall remain suspended for the period during
which the said event of force majeure persists.
Disputes.
Any question or dispute as to the responsibility to fulfill the terms of this agreement shall be referred to
the Crops Arbitration Tribunal.
Miscellaneous
This contract together with its schedules sets out the full terms and conditions agreed between the parties
in relation to the material contained herein and supersedes any prior understandings or contracts, whether
written or oral, with respect thereto.
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Severability:
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under
applicable law, then such provision shall be excluded from this agreement and the remainder of the
agreement shall be interpreted as if such provision were so excluded and shall be enforceable in
accordance with its terms provide however that such event this agreement shall be interpreted so as to
give effect to the greatest extent consistent with and permitted by applicable law, to the meaning and
intention of the excluded provision as determined by such court and competent jurisdiction.
Additional Provisions:
(if any)
Contract addendum:
(If any)
CHARGES BY THE DEALER/PROCESSOR
UNIT
SURVEY
LAND PREPARATION
Trimming
Ripping
Disking
1st Harrowing etc
Furrowing
Inter-row cultivation etc
FERTILISERS
Ha
Ha
Ha
Ha
Ha
Ha
Ha
Ha
Ha
Ha
50 kg bag
50 kg bag
50 kg bag
50 kg bag
50 kg bag
50 kg bag
50 kg bag
Loading/Off loading
CHEMICALS/HERBICIDES
ETC.
Kg
Kg
Lt
Kg
Lt
FOOD CROP PRODUCE
HARVESTING
Food crop produce harvesting
Groover/Lysol/water man
Chemicals
Kshs/tone
Kshs/tone
Kshs/tone
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QUANTITY
COST per
UNIT
TOTAL
COST
Administration
NSSF Contribution
Public Holidays
Transport of
food crop produce cutters
TRANSPORTATION OF FOOD
CROP PRODUCE
Zones 0 – 4km
4.1 – 8
8.1 – 12
12.1 – 16
16.1 – 20
20.1 – 24
24.1 – 28
28.1 – 32
32.1 – 36
36.1 – 40
Over 40 km
OR
Zone A. 0 – 10 km
B. 10.1 – 16
C. 16.1 – 24
D. 24.1 – 32
E. 32.1 – 40
Over 40 km
INTEREST ON LOANS
Other charges (specify)
Kshs/tone
Kshs/tone
Kshs/tone
Kshs/tone
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
Kshs/ton
%
Kshs/ton
IN WITNESS WHEREOF the duly authorized representatives of the Parties have executed this
Agreement the day and year first hereinbefore written having read, understood and agreed to the
stipulations herein.
Signed GROWER:
In the presence of:Name:........................ )
)
------------------------ )
Client Official Rep: )
)
Name: ---------------------Witness: …………………..
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I CERTIFY that the above named -------------------------------------AND ---------------------------------------------- appeared before me on the----------day of-------------------------- 201…. and being known to
me/identified to me by -------------------------------acknowledged the above signatures or marks to be theirs
and that they had freely and voluntarily executed this instrument and understood its contents.
(Signature and Designation of the person certifying.)
Signed with the Seal/Stamp of the Dealer/ Processor:
In the presence of:MANAGING DIRECTOR (where applicable).
Name :…………………………………………..)
Signature :………………………………………)
Date :……………………………………………)
WITNESS
Name ………………….………………………..)
Signature ……………………………………….)
Date……………………………………………..)
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SEVENTH SCHEDULE
PART 6: LIST OF STANDARDS ON HARVESTING, SORTING, GRADING,
PACKAGING, LABELING, TRANSPORTATION AND STORAGE OF FOOD CROPS
(r. 26 (1))
Item
Cereals
Maize Grains
Finger Millet Grains
Finger Millet Grains
Pearl Millet Grains
Milled Rice
Kenya Pishori Milled Rice
Pure Variety Milled Rice
Variety Blended Milled Rice
Sorghum Grains
Wheat Grains
Legumes
Soya Beans
Soya Beans
Beans
Pigeon Peas
Cowpeas
Chick Peas
Dry Peas
Whole Peas
Roots And Tubers
Fresh Potato Tuber
Fresh Sweet Potatoes
Fresh Bitter Cassava
Fresh Sweet Cassava
Production and Handling of Fresh Cassava (COP)
Handling of Ware Potatoes (COP)
Production and Handling of Fresh Ware Potatoes (COP)
Labeling of Packaged Foods
KEBS CODE
KS EAS 2:2013
KSEAS:78:2013
KS2138:2011
KSEAS 284:2013
KSEAS 128
KS2087:2003
KS689:2009
KS2086:2009
KSEAS 757:2013
KS136:2007
KS690
KS2535
KS456
KSEAS756:
KS2124
KS2123
KS1169-2
KSEAS759:
KSEAS748:2010
KSEAS771:2012
KSEAS778:2012
KSEAS738:2010
KSEAS776:2012
KS2090:2009
KSEAS775:2012
KSEAS 38:2000
NB: These are the standards for the time being and are likely to change from time to time
81