THE CROPS ACT, 2013
(No. 16 of 2013)
THE CROPS (FOOD CROPS) REGULATIONS, 2015
THE CROPS ACT, 2013
(No. 16 of 2013)
THE CROPS (FOOD CROPS) REGULATIONS, 2015
PART I—PRELIMINARY
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 Exporter
14. Revocation, Suspension or Alteration of A License
15. Appeals on Issuance of Licenses
PART IV- QUALITY ASSURANCE AND MARKETING
16. Requirement for Quality Assurance
17. Quality of Seed
18. Vegetative Propagating Material
19. Prohibition on Use of Raw Sewage
20. Safe Use of Pesticides
21. Control of Pests and Diseases
22. Traceability of Produce
i
23. Contract Farming
24. Marketing Requirements
25. Appointment of Crop Inspectors
26. Functions of Crop Inspectors
27. Importation and Exportation of Food Crops
PART V- FINANCIAL PROVISIONS
28. Imposition of Levies
29. Application of Levies
30. Fees
PART VI - GENERAL PROVISIONS
31. Filing of Returns
32. Protection from Personal Liability
33. 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
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;
“Crops Inspector” means an officer of the Authority or a county
agricultural officer appointed in writing by the Authority under section 27 of
the Crops Act, 2013 by a notice in the Gazette.
“County Government” means any of the 47 governments established
under Part 2 of Chapter 11 of the Kenya Constitution
“Consignment” means;
(a) for purposes transportation of food crops produce within the country
,a vessel load for which a permit has been issued in accordance with
Regulation 9(2)
(b) for purposes of import and export of food crops produce, the declared
lot of produce
“country of origin” means 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;
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“Directorate” means the food crops directorate established by the
Authority under section 11 of the AFFA Act, 2013
“exporter” means any person, firm or corporate body licensed by the
Authority to engage in the business of exporting food crops produce and
products out of Kenya;
“food crop” means any of the Scheduled Crops listed under the First
Schedule of these regulations or such other crop that may be declared by the
Cabinet Secretary through a gazette notice;
“formal seed system” means breeding, variety release, plant variety
protection, seed production, certification and trade as provided for under
the Plant and Seed Varieties Act Cap 326;
“grower association” means any registered group, association, cooperative
society, corporate body, union or federation of food crops growers or
farmers in Kenya;
“grower or farmer” means person or a group of persons who cultivate(s)
food crops in Kenya and the terms smallholder grower or smallholder
farmer and plantation grower or plantation farmer shall be construed
accordingly
“importer” means any person, firm or corporate body licensed by the
Authority to engaged in the business of importing food crops produce and
products into Kenya;
“Licensing Authority” means the Authority or the County Government as
the case may be;
“Market” means a medium, a designated place or structure by County or
national Government where buyers and sellers interact for trade in food crop
produce or products;
“non- commercial activity” means collecting, transporting, storing or
selling of food crops or food crop products by a producer
“plantation grower” who can also be referred to as a large scale grower
means any person, firm or corporate body who cultivates food crops in an
area more than 49 hectare
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“planting material “means any part of a plant except seed used for
reproduction or propagation of a food crop.
“point of entry" means an airport, seaport or land border point officially
designated for the importation of consignments of food crop produce or
products.
“Point of exit” means an airport, seaport or land border point officially
designated for the exportation of consignments of food crop produce or
products.
“Preliminary Letter of Approval” is a written preliminary approval given
by the Authority to a prospecting investor to initiate the process of
establishing food crops and food crop products processing facilities;
“processor” means any person who engages in the transformation of food
crops produce and food crops products and includes one who engages in
packaging, labeling and distribution for sale;
“propagator of planting material” means any person who engages in
multiplication and sale of food crops vegetative planting material;
“Raw produce marketing agent” means a person who purchases, collects
or bulks raw produce directly from farmers.
“smallholder grower’’ means any person or corporate body who cultivates
food crops in an area less than 3 hectares.
“transporter” means any person who engages in movement of food crops
produce from one point to another but excludes non-commercial activity;
“warehouse” means a building or other protected enclosure licensed under
these regulations in which food crops are stored for the purpose of
safekeeping and trading;
“warehouse operator” means a person licensed by the Authority to engage
in the business of storing food crops in a warehouse;
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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
Functions of the
Directorate
5 (1) The Directorate shall in consultation with the County governments;
(a) Facilitate marketing and distribution of food crops
through
monitoring and dissemination of market information, including
identification of the local supply-demand situation, domestic market
matching and overseas market intelligence and promotion activities on
food crops;
(b) Provide guidelines and standards in the establishment of food crops
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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) Receive data from counties on growers, grower associations and
dealers, collate, share and manage the national data.
(l) License and regulate food crops
(2) The directorate shall;
(m) Participate in the formulation of general and specific policies for the
development of scheduled food crops.
(n) Advise the Board and stakeholders on matters related to the food crops
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subsector.
(o) Promote and advise on strategies for value addition of food crops in
Kenya.
(p) Collect and administer any levies that shall be imposed by the Cabinet
Secretary with respect to food crops.
(q) Establish and enforce standards in grading, sampling and inspection,
tests and analysis, specifications, units of measurement, code of
practice and packaging, preservation, conservation and transportation
of food crops to ensure health and proper trading.
(r) Prescribe the minimum period within which growers are to be paid for
food crops delivered and penalties for delayed payments;
(s) Advise the national and county governments on food crops levies
(t) Devise and maintain a system for regularly obtaining information on
current and future production, prices and movement in trade, to
determine and effect a balanced distribution of food crops by means of
inter-trading or intra-trading among the established wholesale markets
(u) Mobilize resources for research in food crops.
(v) Provide capacity and technical assistance to the counties
(w) Perform any other relevant function.
PART III— REGISTRATION AND LICENSING
Registration of
growers, grower
associations,
propagators of
planting
materials and
dealers
5. (1)The County governments shall issue registration certificates with respect
to food crops growers and grower associations.
(2) A smallholder grower of food crops may register with such grower
association registered and recognized by the respective county government.
(3)A small holder grower applying to be registered by a grower association
shall use the prescribed Form FCD A001 as set out in Second Schedule
(4) A plantation grower may register with the respective county government.
(5) Every grower association of food crops shall register with the respective
county government.
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(6) Every propagator of planting material outside the formal seed system shall
register with the respective county government.
(7) Every exporter or importer of food crop produce and products shall
register with the Authority.
Procedures for
application for
registration for
grower
associations,
plantation
growers and
propagators of
planting
materials
6.
(1) Applications for registration of grower associations, plantation growers
and propagators of planting materials shall be made to the respective county
as set out in Form FCD A002 of the Second Schedule.
(3) The respective county shall after considering an application for
registration under these regulations make a decision and issue a certificate
within 30 days after receipt of the application.
(4)The respective county shall, in making its decision under sub-regulation
(3), satisfy itself that the applicant has complied with the provisions of the
Crops Act, 2013 and any other relevant written law.
(5) In case of rejection of an application, the respective county shall notify the
applicant giving reasons for the rejection within 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 Authority within 30 days after
notification by the respective county if the application is rejected after
resubmission
(8) The respective county shall issue registration certificates to all registered
growers’ associations, plantation growers and propagators of planting
materials as set out in Form FCD R001 of the Third Schedule.
(9) A certificate of registration shall be free and not transferable.
Revocation of
registration
certificate
7. Certificates issued under regulation (8) may be revoked if the terms and
conditions of issuance and the provisions of the Crops Act, 2013 and these
regulations and any other relevant law are contravened.
Maintenance of
registers of
growers,
propagators of
planting
materials and
dealers
8. (1) Every grower association registered by the a county government shall
maintain a register of its members in accordance with the Form FCD S001 of
the Fourth Schedule which shall be submitted to the respective county on or
before 31st January of each year
(2) Every propagator of planting material shall maintain a register of all
growers who source planting material from his/her nursery in accordance with
the Form FCD S002 of the Fourth Schedule which shall be submitted to the
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respective on or before 31st January of each year.
(3) The respective County governments shall maintain up to date registers of
all plantation growers, grower associations, and propagators of planting
materials and dealers who have been registered in accordance with these
regulations.
(4) The county government shall submit to the Authority copies of upto date
registers of grower associations, plantation growers and propagators of
planting materials by 31st July every year.
Registration of
dealers
9. (1) The County Government in collaboration with the Authority shall
register all food crops dealers.
(2)Every dealer of food crop produce shall register with the respective
county government
(3)Application for registration of dealers shall be made to the respective
county as set out in Form FCD A003 of the Second Schedule
(4)The respective county shall send an approved copy of application forms
to the Authority
(8) Upon receipt of the approved application form in (4) the Authority shall
compile a register of all dealers and allocate each dealer with a unique
identity within 30 days
(9) The Authority shall circulate the register to all counties to issue a
certificate of registration with the unique identity within 30 days.
(10)The respective county shall issue registration certificates to all registered
dealers as set out in Form FCD R002 of the Third Schedule
(11) In case of rejection of an application, the respective county shall notify
the applicant giving reasons for the rejection within 14 days after receipt of
the application.
(12) The applicant may resubmit an application following rejection after
addressing the issues raised in the rejection.
(13) The applicant may appeal to the Cabinet Secretary within 30 days after
notification by the respective county if the application is rejected after
resubmission
(14) A dealers’ registration certificate issued under sub-regulation (10) is
applicable throughout the country.
(15)The respective county shall, in making its decision under sub-regulation
8
(10), satisfy itself that the applicant has complied with the provisions of the
Crops Act, 2013 and any other relevant written law
(16) A certificate of registration shall be free and not be transferable.
(17) A person who contravenes the provisions regulation 9(2) and (16)
commits an offence and shall be liable on conviction to a fine not exceeding
fifty thousand shillings or imprisonment for a period not exceeding three
months or, both
Issuance of
permits for
transportation of
food crops
produce
10. (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 from one county to another without a
valid original movement permit.
3) A person who intends to move or cause to be moved any consignment of
food crop produce in excess of 5 metric tonnes from one county to another
shall apply for a movement permit to the relevant County Government at the
point of loading of the produce in accordance with Form FCD A004 as set out
in the Second Schedule.
(4) The movement permit shall be issued in accordance with Form FCD P001
as set out in the Third Schedule and such a permit, shall be issued at the Sub
county Agriculture Office to facilitate movement and trade in food crops
produce
(5) The fees to be charged for a permit under these regulations shall be
payable only to the originating County Government as prescribed in Part 2 of
the Sixth Schedule and no other such charge shall be made to the same
consignment by other counties
(6) No movement permit shall be issued under these regulations to any person
other than a registered food crop dealer and such a person shall not alter the
movement permit.
(7) Any vessel used in transportation of food crop produce shall conform to
the National Food Transportation Standards.
(8) The County Government shall submit monthly summary returns on
movement of food crops to the Authority in accordance with Form FCD S003
as set out in the Fourth Schedule.
(9) 75% of the revenue generated for the permits shall be remitted to the
County and 25% to the Authority and shall be used to implement quality
assurance and food safety standards.
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(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.
Licencing of
raw produce
marketing
agents
11. (1) No person shall purchase, collect or bulk raw produce directly from
farmers without a licence from the respective county government
(2)The licences shall be issued by the County Government as stipulated in the
Sixth Schedule Part 1(c)
(3) All raw produce marketing agents shall collect produce from farmer
associations or plantation growers registered by the county government
(4) A person who intends to purchase, collect or bulk raw produce directly
from farmers shall apply to the respective county in accordance with Form
FCD A005 in the Second Schedule.
(5) The county government shall, after considering an application for a raw
produce marketing agent’s license under these regulations, make a decision to
issue the license within 30 days after receipt of the application.
(6) The respective county government shall issue a successful applicant with a
raw produce marketing agent’s license as set out in Form FCD L005 of the
Third Schedule after certification based on the conditions prescribed in the
license.
(7) In case of rejection of an application, the county government 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) A person who contravenes the provisions of this regulation 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.
Licensing of
Processors
12. (1) No person shall operate a food crops processing plant without a valid
processing license from the licencing Authority.
(2)The licences shall be issued by either the Authority or county government
based on the processing capacity as stipulated in the Sixth Schedule Part 1(a)
(3) Any person who intends to set up a food crops processing plant shall
10
apply to the Authority or a County Government for a preliminary approval in
accordance with Form FCD A006C and Form A006A respectively as set out
in the Second Schedule.
(4) The Authority or county government shall, within 30 days after
submission of application or receipt of the application and upon verification
and approval, issue a letter of Preliminary Approval in accordance with Form
FCD PLA001A and Form PLA001C respectively as set out in the Fourth
Schedule.
(5) The holder of a Letter of Preliminary Approval shall proceed to seek other
necessary approvals.
(6) The holder of a Letter of Preliminary Approval who shall have obtained
the necessary approvals to the satisfaction of the licencing Authority shall
apply for a processing license from the Authority or County Government
using FORM FCD A007A and FORM A007C respectively as set out in the
Second Schedule.
(7) The licencing 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 licencing Authority may
determine at least 30 days before granting the license.
(8) The notice referred to in sub regulation (7) 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 licencing Authority within fourteen days
next following the date of the notice.
(9) The licencing 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.
(10)A successful applicant shall be issued with a processing license by the
Authority or County Government using Form FCD L001A and FCD L001C
respectively as set out the Third Schedule.
(11) In case of rejection of an application, the licencing 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 (8) (c).
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(12)The applicant may resubmit an application following rejection after
addressing the issues raised in the objection.
(13) Every processor of food crop produce shall apply to the Authority or
County Government for renewal of a license by filling and submitting an
application form for renewal of processing license as set out in FCD A006C
and Form A006A respectively as set out in the Third schedule not later than
the first day of the month of June in which the current license is due to expire.
(14) The fees to be charged for a license or renewal for food crops processing
under this regulation shall be payable to the licencing Authority as the case
may be, as prescribed in Part 1 (a) of the Sixth Schedule.
(15) The licencing 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.
(16) A licensed processor shall notify the licencing Authority of all changes
in its ownership or shareholding, business operations or production scale
within 30 days of the changes.
(17)A person who contravenes the provisions sub-regulation (1),(16) of this
regulation 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
13. (1) No person shall operate a food crops warehouse without a valid
operator’s license issued by the Authority.
(2) A warehouse operator shall apply to the Authority or County for the
issuance or renewal of a warehouse operator’s license using Form FCD
A008A or FCD A008B as set out in the Second Schedule.
(3) The fees to be charged for a warehouse operator license or a renewal
under these regulations shall be payable to the Authority or County as set out
in Part 1 (b) of the Sixth Schedule.
(4) The Authority or County 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 or County 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 licensing Authority or County
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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 5 is not transferable.
(10) A person who contravenes the provisions of 12(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 of
warehouses and
stores
14. (1) No premises shall be operated as a food crop warehouse or store unless it
has been licensed as such by the licencing Authority.
(2) The license for a warehouse and store shall be issued based on storage
capacity as stipulated in the Six Schedule Part 1(b)
(3) A warehouse operator shall apply to the Authority or County Government
for the issuance or renewal of a warehouse license using Form FCD A009A
and Form FCD A009C respectively as set out in the Second Schedule.
(4) The fees to be charged for a license or renewal under these regulations
shall be payable to the licencing Authority as set out in Part 1 of the Sixth
Schedule.
(5) The licencing 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 that shall be provided by the
Authority from time to time.
(6) The Authority or the County Government shall issue a successful
applicant with a warehouse license within 90 days after the application using
Form FCD L003A and Form FCD L003C respectively as set out the Third
Schedule
(7) In case of rejection of an application, the licencing 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
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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
licencing 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
licencing 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 (6) 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 (6) is not transferable,
(14) A licensed warehouse operator shall notify the licencing 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)(10)(13) and (14)
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
15. (1) Every person who wishes to import or export food crops produce shall
register with the licencing Authority as a food crop and food crop produce
dealer as specified in regulation (9) 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 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 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
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(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
Revocation,
suspension or
alteration of a
license
16. (1) The Authority or County government 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.
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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
Quality of Vegetative Planting Material as shall be provided by 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
Prohibition on
use of raw
sewage
21. (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
22. (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
16
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
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
23. (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.
24. (1) A dealer or processor shall ensure that the food produce or products can
be traced to the source by providing details as per guidelines on food produce
and products traceability requirements that shall be provided by the Authority
from time to time.
(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,
17
or both
Contract
farming
25. (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 and such a contract shall be witnessed
by the county Government.
(2) No registered dealer shall buy, collect, issue input, train or participate in
any way in a sponsored production scheme unless authorized to do so by
sponsoring scheme in writing.
(3) 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 that shall be provided by the Authority from
time to time.
(4) 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 or the county Government within thirty days after the
date of default.
(5) The Authority or County Government may, upon receipt of the
notification of breach of contract under (4) mediate between the parties.
(6) If either or both the parties to the contract are not satisfied with the
outcome of the process of mediation under sub-regulation (5), the aggrieved
party may opt for arbitration as specified in section 41 of the Crops Act 2013.
(7) The Authority shall not mediate on any contract that is not registered with
the Authority.
(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
three hundred thousand shillings or imprisonment for a period not exceeding
year, or both
Marketing
requirements
26. (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 the standards in force at the time
or any other guidelines that shall be provided by the Authority from time to
time.
(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.
18
(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.
(5) All food crop produce shall be offered for sale only in markets designated
by the County and National governments.
(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 and guidelines that shall be provided by the Authority from time
to time.
(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)(4)(5)( 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
Appointment of
crops inspectors
27. (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
28. (1)Without prejudice to the generality of regulation 27 (4), inspectors shall;
(i) Monitor activities associated with food crops inputs, production,
dealing, handling and processing to ensure compliance with these
regulations,
19
(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 and any other relevant
laws
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 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
29. (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 A011 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) Upon satisfying the conditions for import or export of food crop produce
and products under these regulations, a registered importer or exporter shall
be issued with an import/export permit by the Authority as set out in Form
FCD P002 in Third Schedule
20
(7) Upon satisfying the conditions for import of food crop produce and
products under these regulations, the Authority shall release the consignment
to the consignee
(8) 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
(9) 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.
(10) 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.
11) 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.
(12) A person who contravenes the provisions of sub regulation (3) (8)
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
30. (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
recovered by the Authority with interest, as a civil debt due to it from the
21
person by whom it is payable.
Application of
levies
31. 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
32. (1)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.
(2) The fees charged from licenses, renewal of licenses and issuance of
movement permits by the county government or any other monies provided
by the Authority or any other source facilitated by the Authority, shall be
deposited in a special account.
(3) The County Government, in collaboration with the Authority shall make
guidelines on better management of funds in the special account for the best
interest of the food crops sub-sector.
(4) The special account shall be managed by a committee appointed by the
County Executive Committee Member in charge of Agriculture and approved
by the Authority.
(5) The Authority shall set guidelines on the appointment of members of the
special account management committee.
PART V - GENERAL PROVISIONS
Filing of returns
33. (1) Every processor shall furnish the Authority or the County Government, as
the case may be, with monthly production, stocks of raw material held and
marketing data by 10th of every month or upon request by the Authority
using Form FCD S006A and Form FCD S006C respectively 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.
(3) Every warehouse operator shall furnish the Authority or respective county
government with monthly returns on stock of food crops produce held at 5th
of every month using Form FCD S007A and Form FCD S007C respectively as
set out in the Fourth Schedule.
22
(4) Every processer and warehouse operator shall furnish the Authority or County
Government with information on suppliers of raw materials the coming year as set
out in Form FCD S008A and Form FCD S008C respectively as set out in the Fourth
schedule.
(5) Every exporter shall furnish the Authority with information on suppliers of raw
materials for the coming year as set out in Form FCD S009 of the Fourth schedule
Protection from
personal
liability
34. (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
technical
support.
35. (1) The Authority shall offer support services to county government officers
and other stakeholders in packaging and dissemination of information on
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.
36. The Authority in consultation with county governments shall mobilize
resources for adoption of technologies in food crops production, marketing
and value addition.
37. Th Authority shall monitor the implementation of food crops regulations and
quality control standards by the county governments.
General penalty
38. (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
23
imprisonment for a term not exceeding one year or both.
24
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
25
SECOND SCHEDULE
APPLICATION FORMS
FORM FCD A001
r.5 (3)
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF ……………………………………..
APPLICATION FOR GROWER REGISTRATION IN GROWER ASSOCIATIONS
(Please fill in duplicate with copy to CEC Agriculture)
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 Particular 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
Approved/Not approve by association: …………………………………………………
Chairperson ………………………………………………..(Name)
Signature …………………………………….Date………………………..
26
FORM FCD A002
(r. 6(1)
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF………………………………………………..
APPLICATION FOR REGISTRATION OF GROWERS ASSOCIATION/PLANTATION
GROWERS/PROPAGATORS OF PLANTING MATERIALS
(To be filled in triplicate with a copy to AFFA)
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)
……………………………………………………………………………………………
4. L.R. No/Plot No.…………………………….. .
5. Type of Crops grown
a). Associations
Membership:…………………….. Male:……………… Female:…………… (Attach a list of members).
Catchment area:…………………………………….
Type of crop
Hectare
b) Plantation growers
27
Type of crop
Hectare
C) Planting material propagator
Crop
Cultivar/Variety
Source of planting material
No. of
seedling/cuttings/Hectare
I confirm that I shall abide by the requirements of the Food (Food Crops General) Regulations, 2014.
Applicants signature ……………………………………………………Date…………………………..
Part 3: Approval by County
FOR OFFICIAL USE
1. Approved/Not approved:
CEC for Agriculture :Name
…………………………Signature………………Date…………...
Comments if not
approved………………………………………………………………………………………
…………………………………………………………………………………………………
Official Stamp…………………………………………………………………………………
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 County Government with evidence of
registration and copies of their Constitution or Articles and Memorandum of Association;
28
FORM FCD A003
(r. 9(2))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF………………………………………………
APPLICATION/RENEWAL FOR REGISTRATION AS A FOOD CROP AND FOOD CROP PRODUCE
DEALER
(To be filled in triplicate with a copy to AFFA)
Part 1: Category of licence (Tick one)


Applications for New registration
Application for Renewal of registration
Part 2: 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.
Part 3: Category of Dealer (Tick as appropriate)
29
1.
Check as appropriate
 Collector  Raw produce
dealer
 Seller
 Exporter  Buyer
2.
 Transporter
 Stockist
 Importer
 Others (specify)
Check one
 Individual Ownership
3.
 Partnership
 Corporation
Others (specify)
Specific/Category of Food Crops person/company is dealing with:
Cereals (specify)
Legumes (specify)

Roots and Tubers (specify)
Part 4: 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: …………………………………
Official stamp……………………………………………………….
Part 5: Approval by County
FOR OFFICIAL USE
2. Approved/Not approved:
CEC for Agriculture :Name …………………………Signature………………Date…………...
Comments if not
approved………………………………………………………………………………………………
………………………………………………………………………………………………………
Official Stamp………………………………………………………………………………..
Terms and Conditions
1. Incomplete forms shall not be processed
2. Source produce shall only be from registered growers and grower associations
30
FORM FCD A004
(r. 10(3))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF………………………………………….
APPLICATION FOR FOOD CROP PRODUCE MOVEMENT PERMIT
Full name of Applicant:……………………………………………………………….
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)
Reg No. for vessel of conveyance …………………………………………………………………..
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
3. Approved/Not approved:
Sub County Officer :Name …………………………Signature………………Date…………...
Comments if not
approved…………………………………………………………………………………………
…………………………………………………………………………………………………
Official Stamp………………………………………………………………………………..
31
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.
32
FORM FCD A005
(r. 11 (4))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF………………………………..
APPLICATION /RENEWAL FOR RAW PRODUCE MARKETING AGENT LICENCE
(To be filled in triplicate)
Part 1: Category of licence (tick where appropriate)


Applications for New License
Application for Renewal of License
Part 2: 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..……………………………….
Part 3: Types of scheduled crops to be purchased collected or bulked:
Type of crop
Administrative area/location
Farmer association/Plantation grower
I hereby certify that the above information is correct to the best of my knowledge.
Date…………………………………………………………………….
Signature of applicant……………….……………………………........…..
33
Official rubber stamp/seal………………………………………………………..
Part 5: Approval the county
FOR OFFICIAL USE
4. Approved/Not approved:
CEC for Agriculture :Name …………………………Signature………………Date…………...
Comments if not
approved……………………………………………………………………………………………
……………………………………………………………………………………………………
Official Stamp………………………………………………………………………………..
34
FORM FCD A006C
(r. 12 (3))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………………….
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION FOR PRELIMINARY APPROVAL FOR FOOD CROP PROCESSORS
The County Executive Committee Member for Agriculture
……………………………………..County
P. O. Box
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.
i.
ii.
iii.
Crop produce
Product
2. List Names and Particulars of Directors/Officials (Attach copies of ID/Passport)
35
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. Provide a detailed project feasibility study
3. 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
4. Support the supply chain to maintain the smooth flow of raw material.
5. Install processing equipment that will match current Kenyan standards,
6. Commit to adhere to the national and international food safety standards.
7. 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)
36
FORM FCD A006A
(r. 12 (3))
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. ……………….…….……..….………
3. 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
iv.
v.
vi.
4. List Names and Particulars of Directors/Officials (Attach copies of ID/Passport)
f)
………………………………………………………………………
37
g) ………………………………………………………………………
h) ………………………………………………………………………
i)
………………………………………………………………………
j)
………………………………………………………………………
I/We undertake to:8. Seek approval from all relevant Government agencies in accordance with existing laws and
regulations
9. Provide a detailed project feasibility study
10. 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
11. Support the supply chain to maintain the smooth flow of raw material.
12. Install processing equipment that will match current Kenyan standards,
13. Commit to adhere to the national and international food safety standards.
14. 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)
38
FORM: FCD A007A
r. 12(6)
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 1: Category / (Tick one)


Applications for New License
Application for Renewal of License
Part 2: 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.
Part 3: 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
39
No.
Food Crop produce
Estimated
Product
Tonnage/year
Estimated
Brand Names
Tonnage/year
1
2
3
4
Date………………….Signature……………………………….....…..
Applicant
Part 4: Approval by the Authority
FOR OFFICIAL USE
Approved/Not approved:
AFFA Authorizing officer’s Name ………….……………Signature….……Date ………………
Designation…………………………………………………………………………………………
Comments if not approved……………………………………………………………………..
…………………………………………………………………………………………………..
Official Stamp………………………………………………………………………………….
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 matches 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.
40
FORM: FCD A007C
r. 12(6)
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF………………………………………………
APPLICATION FOR PROCESSING/RENEWAL OF PROCESSING LICENSE
(To be filled in triplicate)
Part 1: Category / (Tick one)


Applications for New License
Application for Renewal of License
Part 2: Applicant’s Details (To be filled by all Applicants)
3. Full name of Applicant: ……………………………………………………………….
4. 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)
……………………………………………………………………………………………
5. Branch offices (if any)
Town
Location
Address
5.
6.
7.
8.
Part 3: Processing/Facility Details
Factory processing details
41
c. Installed processing capacity (in Tons/Ha) ……………………………………..
d. The proposed company is intended to process the following food crops and products
No.
Food Crop produce
Estimated
Product
Tonnage/year
vii.
1
viii.
2
ix.
3
x.
4
Estimated
Brand Names
Tonnage/year
Date………………….Signature……………………………….....…..
Applicant
Part 4: Approval by County
FOR OFFICIAL USE
5. Approved/Not approved:
CEC for Agriculture :Name …………………………Signature………………Date…………...
Comments if not
approved……………………………………………………………………………………………
……………………………………………………………………………………………………
Official Stamp………………………………………………………………………………..
Terms and conditions
6. The applicant will be required to:
f) Support the supply chain to maintain the smooth flow of raw material.
g) Install processing equipment that matches the International standards.
h) Commit to adhere to the national and international food safety standards.
i)
To provide evidence of registration of brand names with Kenya Industrial Property Institute
(KIPI).
j)
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.
7. 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.
8. 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.
42
FORM FCD A008A
(r. 13 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION /RENEWAL OF WAREHOUSE OPERATOR LICENSE
(To be filled in triplicate)
Part 1: Category of licence (tick where appropriate)


Applications for New License
Application for Renewal of License
Part 2: Applicant’s Details (To be filled by all Applicants)
9. Full name of Applicant:
……………………………………………………………….……………….
10. 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)
……………………………………………………………………………………………
11. Branch offices (if any)
Town
Location
Address
9.
10.
11.
12.
Part 3: Types of scheduled crops to be handled:
……………………………………………………………………………………………………….
……………………………………………………………………………………………………….
……………………………………………………………………………………………………….
Part 4: Qualification and experience:
43
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………………………………………………………..
Part 5b: Approval the Authority
FOR OFFICIAL USE
Approved/Not approved:
AFFA Authorizing officer’s Name ………….……………Signature….……Date ………………
Designation…………………………………………………………………………………………
Comments if not approved……………………………………………………………………..
…………………………………………………………………………………………………..
Official Stamp………………………………………………………………………………….
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 guidelines
issued by the Authority
Terms and Conditions
1. When considering applications for registration or renewal of registration as a
44
warehouse operator, the Authority shall ensure that only warehouses with the
requisite approvals under the Public Health Act, and any other written law are
registered.
2.
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.
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
matters 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.
45
FORM FCD A008B
(r. 13 (2))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
THE COUNTY GOVERNMENT OF…………………………..
APPLICATION /RENEWAL OF WAREHOUSE OPERATOR LICENSE
(To be filled in triplicate)
Part 1: Category of licence (tick where appropriate)


Applications for New License
Application for Renewal of License
Part 2: Applicant’s Details (To be filled by all Applicants)
12. Full name of Applicant:
……………………………………………………………….……………….
13. 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)
……………………………………………………………………………………………
14. Branch offices (if any)
Town
Location
Address
13.
14.
15.
16.
46
Part 3: Types of scheduled crops to be handled:
……………………………………………………………………………………………………….
……………………………………………………………………………………………………….
……………………………………………………………………………………………………….
Part 4: Qualification and experience:
d) Proprietor
............................................................................................................................................................
………………………………………………………………………………………………………
e) Staff
Level of education
Primary(KCPE)
Secondary(KCSE/’O’- level
Certificate
Diploma/Higher diploma
Degree
Masters
Other(specify)
No. of staff
f) 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………………………………………………………..
Part 5b: Approval the County
FOR OFFICIAL USE
Approved/Not approved:
CEC for Agriculture: Name ………….……………Signature….……Date ………………
Comments if not approved……………………………………………………………………..
…………………………………………………………………………………………………..
Official Stamp………………………………………………………………………………….
47
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 guidelines
issued by the Authority
Terms and Conditions
7. When considering applications for registration or renewal of registration as a
warehouse operator, the County shall ensure that only warehouses with the requisite
approvals under the Public Health Act, and any other written law are registered.
8.
A warehouse operator shall comply with approved practices and standards on
warehousing including national standards on quality, food safety and hygiene.
9. 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 CEC Agriculture a certified copy of a
valid insurance policy covering all risks related to warehouse business.
10. 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.
11. A warehouse operator shall provide evidence of having persons qualified on food safety
matters in their employment to the satisfaction of the authority
12. 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.
48
FORM FCD A009A
(r. 14 (3))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
APPLICATION FOR WAREHOUSE LICENSE
Part 1: 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
Part 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 the Authority may issue from time to time.
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………………………….……….
49
Date ………………….…………..
Official rubber stamp/seal…………………………………………….
Part 3: Approval by the Authority
FOR OFFICIAL USE
Approved/Not approved:
AFFA Authorizing officer’s Name ………….……………Signature….……Date ………………
Designation…………………………………………………………………………………………
Comments if not approved……………………………………………………………………..
…………………………………………………………………………………………………..
Official Stamp………………………………………………………………………………….
Terms and conditions
1. When considering applications for registration or renewal of registration of a warehouse
the Authority/County 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 requirements set out by the Authority from time to time
50
FORM FCD A009C
(r. 14 (3))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF ……………………………….
APPLICATION FOR WAREHOUSE LICENSE
Part 1: 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
Part 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 the Authority may issue from time to time.
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge
and belief.
51
Applicant’s Signature………………………….……….
Date ………………….…………..
Official rubber stamp/seal…………………………………………….
Part 3: Approval by the County
FOR OFFICIAL USE
6. Approved/Not approved:
CEC for Agriculture :Name …………………………Signature………………Date…………...
Comments if not
approved……………………………………………………………………………………………
……………………………………………………………………………………………………
Official Stamp………………………………………………………………………………..
Terms and conditions
3. When considering applications for registration or renewal of registration of a warehouse
the Authority/County shall ensure that only warehouses with the requisite approvals
under the Public Health Act, and any other written law are registered.
4. The warehouse must meet the requirements set out by the Authority from time to time
52
FORM FCD A010
(r. 15 (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.
53
4. Type of food crops produce/products to be imported and estimated annual quantities.
Type of food crops
Estimated Annual Import Quantity
1.
2.
3.
4.
5.
5. Applicant’s Signature………………………….……….
Date ………………….…………..
(Official Company Stamp)
FOR OFFICIAL USE
Approved/Not approved:
AFFA Authorizing officer’s Name ………….……………Signature….……Date ………………
Designation…………………………………………………………………………………………
Comments if not approved……………………………………………………………………..
…………………………………………………………………………………………………..
Official 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.
54
FORM FCD A011
(r. 29 (2))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
APPLICATION FOR PERMIT TO IMPORT/ EXPORT FOOD CROP
PRODUCE/FOOD CROP PRODUCTS
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………………………….……….
Date ………………….…………..
Terms and Conditions
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.
55
THIRD SCHEDULE
REGISTRATION CERTIFICATES, LICENSES AND PERMITS
FORM FCD R001
(r. 6(8))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………………..
CERTIFICATE OF REGISTRATION FOR GROWERS’ ASSOCIATION/PLANTATION
GROWERS/ PROPAGATORS OF PLANTING MATERIALS (FREE)
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……….
FOR OFFICIAL USE
7. Issued by:
CEC for Agriculture; ………………………………………….………………………County
Name ………………………………….…Signature……………………Date…………..…...
Official Stamp………………………………………………………………………………..
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.
56
5. The holder of this certificate shall submit monthly returns to the Authority in the prescribed
format.
57
FORM FCD R002
(r. 9(10))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………..
DEALER’S CERTIFICATE OF REGISTRATION (FREE)
THIS IS TO CERTIFY that…………………………………………………………..…. of postal address
…………………..…………of ………………………..…. County, LR No….………….…has been duly
registered by the County Government of …………………………… in accordance with section 16(1) of
the Crops Act, 2013, as a Food Crops ………………………………………………………….….dealing
in…………………………………………………………………
Dated this …….…. day of ……………..……….. 20……
FOR OFFICIAL USE
8. Issued by:
CEC for Agriculture; ………………………………………….………………………County
Name ………………………………….…Signature……………………Date…………..…...
Official Stamp………………………………………………………………………………..
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.
58
FORM FCD P001
(r. 10(4))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF… ………………………………
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 Officer
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;
59
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
5.
The movement permit issued at the county of origin of produce shall apply across all counties
60
FORM FCD P002
r 29(6)
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
Checked by:
Officer Name………………..…..Signature……………………..... Date …………….…….…
Approved by:Director’s Name …………………Signature….…………Date ………………...…
Official Food Crops Directorate Rubber stamp
Terms and Conditions:
1.
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.
61
2.
3.
4.
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.
62
FORM FCD L001A
(r. 12 (10))
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…………………………………………..
HEAD
FOOD CROPS DIRECTORATE
Signature…………………………………..
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date……….............................................
Date…………………………
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.
63
FORM FCD L001C (county)
(r. 12 (10))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF…………………………………………..
PROCESSING LICENCE
County’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…………………………………..
COUNTY EXECUTIVE COMMITTEE MEMBER,
IN CHARGE OF AGRICULTURE
Date…………………………
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 County Executive Committee Member in
charge of Agriculture 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 in writing the County Executive Committee Member in charge of Agriculture.
5. The processors shall submit their processing returns to the County Executive Committee Member in
charge of Agriculture 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 County Executive
Committee Member in charge of Agriculture may appeal to the Cabinet Secretary within 30 days from
the date on which the applicant first received the notice of the decision.
64
FORM FCD L002
(r. 13 (5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
WAREHOUSE OPERATOR LICENSE
Authority’s Code…………………….………..
Serial No……………………………
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……………………………………….
Signature…………………………………………..
Signature…………………………………..
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date……….............................................
Date…………………………
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.
65
FORM FCD L003A
(r. 14 (6))
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.
1.
2.
3.
4.
Capacity
LR. No/Plot
No
Street
Sub-County
County
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……………………………………….
Signature…………………………………………..
Signature…………………………………..
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date ……………………………………………….
Date…………………………
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.
66
FORM FCD L003C
(r. 14 (6))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………….
WAREHOUSE LICENSE
Serial No……………………………
County 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
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……………………………………….
FOR OFFICIAL USE
Issued by:
CEC for Agriculture; ………………………………………….………………………County
Name ………………………………….…Signature……………………Date…………..…...
Official Stamp……………………………………………………………………………..…..
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.
67
FORM FCD L004
(r. 15 (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……………………………………….
Signature…………………………………………..
Signature…………………………………..
HEAD
FOOD CROPS DIRECTORATE
DIRECTOR GENERAL
AGRICULTURE, FISHERIES AND FOOD
AUTHORITY
Date…………………………
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.
68
FORM FCD L005
(r. 11 (6))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………….
RAW PRODUCE MARKETING AGENT’S LICENSE
Serial No……………………………
County Code…………………….………..
M/s…………………………………………………of Post office Box ………………………..has
been granted a Raw Produce Marketing Agent’s License No. …………………………………….and is/are
hereby authorized to collect, purchase and bulk raw produce for registered farmers’ associations in Kenya
pursuant to Regulations 11 of the Crops (Food Crops) Regulations 2015.
This License is valid from ………………………….to……………………………………….
FOR OFFICIAL USE
Issued by:
CEC for Agriculture; ………………………………………….………………………County
Name ………………………………….…Signature……………………Date…………..…...
Official Stamp……………………………………………………………………………..…..
TERMS AND CONDITIONS
1. The raw produce marketing agent shall only collect, purchase or bulk raw produce from farmer
associations or plantation growers registered by the respective county government
2. The raw produce marketing agent shall purchase, bulk or collect produce from the
administrative area, farmer associations or plantation growers stated in the application.
3. The raw produce marketing agent shall pay for all the produce collected within the minimum
period agreed between the parties.
4. The Authority may vary, suspend or cancel the raw produce marketing agent’s license issued if
the holder fails to abide with the terms and conditions of the license.
5. An application for renewal of this license shall be made to the county not later than the first day
of the month of June in which the current license is due to expire.
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.
69
FOURTH SCHEDULE
REGISTERS AND RETURNS
FORM FCD S001
(r. 8 (1))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………………………..
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………………………………..
70
FORM FCD S002
(r. 20 (2))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF…………………………………….
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 status …………Evidence available/not available…………
71
FORM FCD S003
(r. 10(8))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………………….
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 food crops produce transported
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
72
Quantity
Transported
(Tons)
Date ……….…………..
FORM FCD S005
(r. 33 (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
73
Date ………………….…………..
FORM FCD S006A
(r. 33 (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
Stock releases
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
74
Date ………………….…………..
FORM FCD S006C
(r. 33 (1))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………
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
Stock releases
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
75
Date ………………….…………..
FORM FCD S007A
(r. 33(3))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
MONTHLY RETURNS OF FOOD CROPS PRODUCE HELD BY WAREHOUSE
OPERATORS
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 held(MT)
1
2
3
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
76
Date ………………….…………..
FORM FCD S007C
(r. 33 (3))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………
MONTHLY RETURNS OF FOOD CROPS PRODUCE HELD BY WAREHOUSE
OPERATORS
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 held(MT)
1
2
3
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
77
Date ………………….…………..
FORM FCD S008A
(r. 33(4))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
ANNUAL RETURNS BY PROCESSERS/WAREHOUSE OPERATOR TO THE
AUTHORITY ON SUPPLIERS OF RAW MATERIALS.
To
The Director General
The Agriculture Fisheries and Food Authority (Att: Head- Food Crops Directorate)
Returns for the year beginning ……………………… year………………
Food crop supply information
Name of supplier
Type of food Crop
Quantity (Tons)
Authorized officers Signature ………………………….……….
Official Stamp
78
Source(county/country)
Date ……….…………..
FORM FCD S008C
(r. 33(4))
COUNTY GOVERNMENT OF …………………………………
THE CROPS (FOOD CROPS) REGULATIONS, 2015
ANNUAL RETURNS BY PROCESSERS/WAREHOUSE OPERATOR TO THE
AUTHORITY ON SUPPLIERS OF RAW MATERIALS.
To
The County Executive Committee Member in charge of Agriculture
Returns for the year beginning ……………………… year………………
Food crop supply information
Name of supplier
Type of food Crop
Quantity (Tons)
Authorized officers Signature ………………………….……….
Official Stamp
79
Source(county/country)
Date ……….…………..
FORM FCD S009
(r. 33(5))
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS, 2015
ANNUAL RETURNS BY EXPORTERS TO THE AUTHORITY ON SUPPLIERS OF
PRODUCE/PRODUCTS.
To
The Director General
The Agriculture Fisheries and Food Authority (Att: Head- Food Crops Directorate)
Returns for the year beginning ……………………… year………………
Food crop supply information
Name of supplier
Type of food Crop
Quantity (Tons)
Authorized officers Signature ………………………….……….
Official Stamp
80
Source(county/country)
Date ……….…………..
FIFTH SCHEDULE
PRELIMINARY LETTER OF APPROVAL FOR PROCESSORS
FORM FCD PLA001A
(r. 12 (4))
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
This application is not a guarantee of being issued with a processing licence.
81
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
82
FORM FCD PLA001C
(r. 12 (4))
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
COUNTY GOVERNMENT OF……………………………………..
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:
6.
Support the supply chain to maintain the smooth flow of raw material.
7.
Install processing equipment that will match current Kenyan standards,
8.
Commit to adhere to the national and international food safety standards.
9.
Execute the project within the next 2 years after which this Letter of Preliminary Approval shall be invalid.
10. 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
This application is not a guarantee of being issued with a processing licence.
The Authority is satisfied with your intentions and looks forward to your successful implementation of the proposed
food processing facility.
Yours sincerely,
County Executive Member for Agriculture
………………………………………...COUNTY
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.
83
SIXTH SCHEDULE
AGRICULTURE, FISHERIES AND FOOD AUTHORITY
THE CROPS (FOOD CROPS) REGULATIONS 2015
LICENCE FEES, PERMIT FEES AND LEVIES
PART 1: LICENSE FEES
a)
Food Crops Processors’ Licence (r. 12(2))
Raw
material
Processors
(based on capacity
tons/ hr)
Category 1-Cereals
Wheat
Less than 2
and
2–5
Maize
6-10
Rice
Barley
Sorghum,
All
millets
grain
amaranth
Category
2Legumes
Beans,
Broad
beans,
Cluster
bean
Dolichos,
Cow
peas,
Chick
Validity
Annual
Fees/(Ksh)
Licensing
Authority
Amount to
County(Ksh.)
Amount to
AFFA(Ksh.
)
3,000
10,000
County
AFFA
2250
2,500
750
7,500
12,000
AFFA
3,000
9,000
11-20
15,000
AFFA
3,750
11,250
21-45
18,000
AFFA
4,500
13,500
Over 45
20,000
AFFA
5,000
15,000
10,000
AFFA
2,500
7,500
0.5-2
5,000
AFFA
1,250
3,750
Less than 0.5
3,000
2 and above
Annual
Annual
2,500
500
20,000
10,000
3,000
AFFA
AFFA
County
5,000
2,500
2,500
15,000
7,500
500
Less than 1
3,000
County
2,500
500
1–5
10,000
AFFA
2,500
7,500
15000
18,000
AFFA
AFFA
3,750
4,500
11,250
15,500
1ton and above
Less than 1 ton.
6-10
11-20
Annual
Annual
County
Annual
84
peas,
Pigeon
peas Pea
,Soya
beans
Category
3Tubers
Irish
potatoes
b)
Less than 2
No fees
2–5
6-10
11-20
21-45
Over 45
3,000
5,000
8,000
10,000
20,000
Annual
AFFA
AFFA
AFFA
AFFA
AFFA
750
1,250
2,000
2,500
5,000
Annual Exporters, Importers, Warehouse and Warehouse Operator’s License Fees
r.13(2),r.14(2),r.15(4)
Category
Exporter
Importer
Warehouse Operator
Wareho
use
Categor
y
capacit
y
(in
50kg
bags)
Less than 5,000
Between 5,000 –
10,000
Between 10,000 50,000
Between 51,000100,000
Between101,000150,000
Between 150,000200,000
Over 200,000
Silo complex
Annual
Licensing
Fees/Renewa
l ( Ksh)
10,000
20,000
10000
Licensing
Authority
Amount to
County(Ksh.)
Amount to
AFFA(Ksh.)
AFFA
AFFA
AFFA
2,500
5,000
2,500
7,500
15,000
7,500
2,000
3,000
County
AFFA
1,500
750
500
2250
10,000
AFFA
2,500
7,500
12,000
AFFA
9,000
3,000
20,000
AFFA
5,000
15,000
25,000
AFFA
6,250
18,750
30,000
20,000
AFFA
AFFA
7,500
5,000
22,500
15,000
c) License for raw produce marketing agents r. 11(2)
Validity
Annual Licensing
Licensing
Fees/Renewal ( Ksh)
Authority
Annual
5,000
County
85
Amount to
County(Ksh.)
3750
Amount to
AFFA(Ksh.)
1250
2250
3,750
6,000
7,500
15,000
PART 2: PERMIT FEES
r.10 (5)
Type of permit
Basis of
Amount
charge
(Kshs)
Transporter
Per
1000
movement
Consignment
permit
Import (food
Per
Free
crop produce or
Consignment
products)
Export (food
Per
Free
crop produce or
Consignment
products
NB: to be reviewed from time to time
Payable to
County government
of origin
Amount to
County(Ksh.)
750
Authority
Authority
PART 3: IMPORT/EXPORT LEVIES r.30(1)
Type of produce
Export(%
of Import(% of customs value)
customs value)
Raw
Finished Raw
Finished
Cereals.
1.5
1
1.5
3
Legumes
1.5
1
2
3
Roots and Tubers
0.5
0.5
3
3
86
Amount to
AFFA(Ksh.)
250