Kenya Act or statute

Parliament of Kenya

Crops Act

Jurisdiction: Kenya
Structure: 42 provisions
Citation: Cap. 318
Dates: As at 21 Nov 2024

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Dates: As at 21 Nov 2024

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Crops Act.”

This Act may be cited as the Crops Act. Section 2 provides definitions for terms used in the Act, including Authority, Cabinet Secretary, co-operative society, dealing in crop, scheduled crop, non-scheduled crop, and licensing authority. circumvent unnecessary regulatory bureaucracy in the crops subsector States that land has a communal function and that land ownership carries a social responsibility. The Act applies to scheduled crops in the First Schedule, all agricultural land (private or communal), and to farmers, farmers’ organisations, cooperatives and community associations.

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PRELIMINARY - 1. Short title

This Act may be cited as the Crops Act.

Section 1

DEVELOPMENT OF SCHEDULED CROPS - 8. Promotion of scheduled crops

Formulate general and specific policies for the development of scheduled crops specified in the First Schedule.

Section 8

LICENSING AND TAXATION PROVISIONS - 22. Conditions of a licence

The licensing authority may set conditions on licences, including requiring dealers to actually grow specified crops.

Section 22

MISCELLANEOUS PROVISIONS - 32. General power to impose levies

Section 32 gives the Cabinet Secretary the power to impose and alter levies on scheduled crops or crop products (with Parliament's approval for imposition), sets a maximum rate for certain levies, and makes failure to pay an imposed levy an offence.

Section 32

MISCELLANEOUS PROVISIONS - 44. Administrative measures by theCabinet Secretary

The Cabinet Secretary responsible for agriculture must, in consultation with the Agriculture and Food Authority and county governments, formulate and implement administrative measures to ensure a smooth and orderly transition to the legal regime established by…

Section 44

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Showing 42 of 42 provisions

Provision 30Offence 9Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Crops Act.

Section 1. Short title Section This Act may be cited as the Crops Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions for terms used in the Act, including Authority, Cabinet Secretary, co-operative society, dealing in crop, scheduled crop, non-scheduled crop, and licensing authority.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the Agriculture and Food Authority established under the Agriculture and Food Authority Act ( Cap. 317 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture; "co-operative society" means a co-operative society registered under the Co-operative Societies Act ( Cap. 490 ); "dealing in crop" includes collecting, transporting, storing, buying or selling crops or crop products but in the case of food crops, excludes any non-commercial activity; "scheduled crop" means any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") , on the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , may declare to be a scheduled crop under section 7 ; "non-scheduled crop" means any plant other than a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") that is grown in significant quantities to be harvested as food, or used as livestock fodder, fuel, or for any other economic purpose; and "licensing authority" means the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") or the county government as the case may be. [Act No. 7 of 2016 , Sch.]

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and purposes of the ActProvision

circumvent unnecessary regulatory bureaucracy in the crops subsector

Section 3. Objects and purposes of the Act Section circumvent unnecessary regulatory bureaucracy in the crops subsector;

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

States that land has a communal function and that land ownership carries a social responsibility.

Section 4. Guiding principles Section has a communal function and land ownership has a social responsibility;

Section 4Verify source

§ 5PRELIMINARY - 5. ApplicationProvision

The Act applies to scheduled crops in the First Schedule, all agricultural land (private or communal), and to farmers, farmers’ organisations, cooperatives and community associations.

Section 5. Application Section This Act shall apply to all scheduled crops specified in the First Schedule and to all agricultural land whether privately or communally held as well as to farmers, farmers’ organizations, cooperatives and community associations.

Section 5Verify source

§ 6PRELIMINARY - 6. Role of national and county governments in development of cropsProvision

The Agriculture and Food Authority must license and charge levies and breeder royalties on scheduled crops, subject to a cap of ten per centum of the gate value; national and county governments must provide an enabling environment and must determine and promote agricultural policies to enhance crop productivity.

Section 6. Role of national and county governments in development of crops Section 6(1)(a) the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , on behalf of the national government, shall be responsible for licensing and charging of levies and breeder royalties on all scheduled crops on condition that the total sum of the levies charged by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall not exceed ten per centum of the gate value of the produce; Section 6(1)(b) development of crops grown within the county; Section 6(1)(b)(i) development of crops grown within the county; Section 6(1)(b)(ii) plant disease control; Section 6(1)(b)(iii) markets; Section 6(1)(b)(iv) cooperative societies within the county; Section 6(1)(b)(v) soil and water conservation. Section 6(2) In order to achieve the objects and purposes of this Act, it is the duty of the national and county governments to provide an enabling environment for the development of the crop subsector. Section 6(3) The national and county governments shall determine and promote the implementation of agricultural policies and measures in a manner designed to promote, support and enhance productivity in the crop subsector.

Section 6Verify source

Part II

DEVELOPMENT OF SCHEDULED CROPS

§ 10DEVELOPMENT OF SCHEDULED CROPS - 10. Application of the FundProvision

The Authority must, from time to time, make rules for the better management of the Fund in the best interest of farmers.

Section 10. Application of the Fund Section 10(1)(a) farm improvement; Section 10(1)(b) farm inputs; Section 10(1)(c) farming operations; Section 10(1)(d) price stabilization; and Section 10(1)(e) any other lawful purpose approved by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") . Section 10(2) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall, from time to time, make rules for the better management of the Fund in the best interest of farmers.

Section 10Verify source

§ 11DEVELOPMENT OF SCHEDULED CROPS - 11. Identification of agricultural landProvision

Cabinet Secretary must develop rules to identify land for scheduled crops; county governments and county executive committee members have powers to identify, publicize and regulate; persons may grow scheduled crops anywhere in Kenya.

Section 11. Identification of agricultural land Section 11(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, with the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , develop rules for identifying agricultural land suitable for the production of each of the scheduled crops. Section 11(2) The process of identifying agricultural land under subsection (1) shall be based on valid representations in accordance with constitutional principles of participation of, the people, good governance, transparency and accountability. Section 11(3) The county governments may from time to time, through the relevant county executive committee member, identify land suitable for the production of each of the scheduled crops. Section 11(4) The county executive committee member responsible for agriculture shall publicize any report on identified agricultural land and may prescribe regulations with respect to each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") . Section 11(5) The classification of land referred to under subsection (1) shall be reviewed at appropriate intervals to ensure consistency with the agrarian reform program and the national land use policy. Section 11(6) Despite the provisions of this section, a person may grow any scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") on any part of Kenya.

Section 11Verify source

§ 12DEVELOPMENT OF SCHEDULED CROPS - 12. Incentives to growersProvision

The Cabinet Secretary must, on the Authority's advice, establish institutional linkages to coordinate provision of credit, farm inputs and marketing, and the section lists specific incentives such as credit assistance, guarantees, affordable inputs, technical support, infrastructure, fertilizer projects, pest control, post-harvest facilities and tax exemptions.

Section 12. Incentives to growers Section 12(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, on the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , establish institutional linkages to coordinate the provision of credit, farm inputs and marketing. Section 12(2)(a) credit assistance including provision of equipment for land preparation and other non-monetary assistance; Section 12(2)(b) credit guarantee; Section 12(2)(c) affordable farm-inputs including quality seeds, planting materials and market linkage; Section 12(2)(d) technical support including research and extension services; Section 12(2)(e) infrastructural support including physical infrastructure development, financial and market information; Section 12(2)(f) fertilizer cost-reduction investment projects including private sector involvement in fertilizer importation and distribution, promoting local Section 12(2)(g) pest and disease control; Section 12(2)(h) post harvest facilities and technologies including storage, processing, distribution and transport facilities; Section 12(2)(i) tax exemptions including tax breaks and duty waivers on the import of farm inputs and farm machinery.

Section 12Verify source

§ 7DEVELOPMENT OF SCHEDULED CROPS - 7. Declaration of scheduled cropsProvision

Crops listed in the First Schedule are scheduled crops; the Cabinet Secretary may, by Gazette notice and on the Authority's advice, declare other crops to be scheduled crops.

Section 7. Declaration of scheduled crops Section 7(1) The crops specified in the First Schedule are scheduled crops for purposes of this Act. Section 7(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, by notice in the Gazette , declare any other crop to be a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for purposes of this Act. Section 7(3) The notice under subsection (1) shall prescribe development and regulation measures with respect to each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") .

Section 7Verify source

§ 8DEVELOPMENT OF SCHEDULED CROPS - 8. Promotion of scheduled cropsProvision

Formulate general and specific policies for the development of scheduled crops specified in the First Schedule.

Section 8. Promotion of scheduled crops Section formulate general and specific policies for the development of scheduled crops specified in the First Schedule;

Section 8Verify source

§ 9DEVELOPMENT OF SCHEDULED CROPS - 9. Commodities FundProvision

Establishes the Commodities Fund and provides that it will be managed by a Board of Trustees appointed by the Cabinet Secretary; lists sources of the Fund's monies.

Section 9. Commodities Fund Section 9(1) There is established a Fund to be known as the Commodities Fund. Section 9(2)(a) monies paid as license fees, commission, export or import agency fees and fees that may accrue to or vest in the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") in the course of exercise of its functions under the Act; Section 9(2)(b) funds from any other lawful source approved by the Trustees; and Section 9(2)(c) funds appropriated by Parliament for this purpose. Section 9(3) The Fund shall be managed by a Board of Trustees to be appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") . [Act No. 7 of 2016 , Sch.]

Section 9Verify source

Part III

REGISTRATION REQUIREMENTS FOR SCHEDULED CROPS

§ 13REGISTRATION REQUIREMENTS FOR SCHEDULED CROPS - 13. Regulation of scheduled cropsProvision

The Agriculture and Food Authority may issue guidelines requiring registration of particulars for categories of scheduled crops and must maintain statistical information on scheduled crops; Section 13 also lists objectives for regulation of scheduled crops such as promoting productivity, facilitating inputs, trade, infrastructure, post-harvest services, collection and storage, training and extension, incentives, credit facilities and value addition.

Section 13. Regulation of scheduled crops Section 13(1)(a) promoting productivity; Section 13(1)(b) facilitating the provision of farm inputs; Section 13(1)(c) promoting trade and access to markets; Section 13(1)(d) facilitating provision of infrastructure; Section 13(1)(e) providing post-harvest services and technology; Section 13(1)(f) facilitating the collection of farm products and storage; Section 13(1)(g) training of farmers and provision of extension services; Section 13(1)(h) providing of incentives to farmers; Section 13(1)(i) availing credit facilities; and Section 13(1)(j) value addition. Section 13(2) For purposes of subsection (1) the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall have the power to issue guidelines requiring registration of any particulars in respect of different categories of scheduled crops. Section 13(3) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall maintain the necessary statistical information with respect to the scheduled crops to enable proper planning.

Section 13Verify source

§ 14REGISTRATION REQUIREMENTS FOR SCHEDULED CROPS - 14. Freedom to registerProvision

Different kinds of growers must register with specified organisations (coffee with co-operative society, sugar cane with out-grower institutions, pyrethrum with licensed processors who keep registers, others with associations determined by the Authority); plantation growers may register with the Authority by supplying particulars; the Authority and dealers must respect farmers' agreements with organisations and enable agreed deductions.

Section 14. Freedom to register Section 14(1)(a) in the case of coffee growers, register with the co-operative society to which the person delivers coffee; Section 14(1)(b) deleted by ActNo. 23 of 2020; Section 14(1)(c) in the case of sugar cane grower, register with an out-grower institution and any other organisation representing the interests of sugar farmers; Section 14(1)(d) in the case of pyrethrum grower, register with a licensed pyrethrum processor, who shall keep or cause to be kept for statistical purposes a register of all pyrethrum growers so registered; and Section 14(1)(e) in the case of any other grower, register with such association as the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may from time to time determine. Section 14(2) A plantation grower may register with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , by supplying such particulars as the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may be prescribe. Section 14(3) Where a farmer has entered into an agreement with an organisation representing the interest of such farmer, the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and every dealer in crops shall respect and enable the carrying out of the terms of such agreement, including the remission to the farmers organisation of any contributions that may, pursuant to such agreement, be deductible from the farmer. [Act No. 23 of 2020 , s. 76.]

Section 14Verify source

§ 15REGISTRATION REQUIREMENTS FOR SCHEDULED CROPS - 15. Registration of growers’ associationsProvision

Defines "scheduled crop" as any crop listed in the First Schedule and any other crop the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop.

Section 15. Registration of growers’ associations Section the full names of the scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") factory;

Section 15Verify source

Part IV

LICENSING AND TAXATION PROVISIONS

§ 16LICENSING AND TAXATION PROVISIONS - 16. Registration of dealersOffence

Dealers in scheduled crops must register with the Agriculture and Food Authority; dealing without registration is an offence punishable by up to three years imprisonment or a fine not exceeding five million shillings.

Section 16. Registration of dealers Section 16(1) Every dealer in a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") shall register with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") . Section 16(2) A person shall not deal in a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") unless the person is registered in accordance with this Act. Section 16(2A) The register of persons referred to under this section shall be kept and maintained in an automated manner and the information therein shall be shared under the National Electronic Single Window System established under section 3 of the National Electronic Single Window System Act ( Cap. 485D ). Section 16(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, in consultation with the relevant county executive committee member responsible for agriculture, prescribe regulations providing for the procedure for registration of dealers and the regulations shall also set out the appeal process in case of refusal or denial of registration. Section 16(4) A person who contravenes subsection (2) commits an offence and shall on conviction be liable to imprisonment for term not exceeding three years or to a fine not exceeding five million shillings or to both. [Act No. 25 of 2022 , sch.]

Section 16Verify source

§ 17LICENSING AND TAXATION PROVISIONS - 17. Taxation of scheduled cropsProvision

Section 17 lists taxes applicable to scheduled crops, authorises county fees related to scheduled crops, prohibits county fees from prejudicing national policies and requires the Cabinet Secretary to put in place mechanisms to avoid double taxation.

Section 17. Taxation of scheduled crops Section 17(1)(a) income tax; Section 17(1)(b) value-added tax; Section 17(1)(c) customs duties and other duties on import of agricultural and aquatic products; and Section 17(1)(d) excise duty. Section 17(2)(a) development of agricultural crops within the county; Section 17(2)(b) development and regulation of scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") markets within the county; Section 17(2)(c) issuance of trade licences to any person trading in scheduled crops within the county; and Section 17(2)(d) issuance of licenses for cooperative societies dealing with scheduled crops within the county. Section 17(3) The fees imposed by a county government under subsection (2) shall not in any way prejudice national economic policies, economic activities across county boundaries or national mobility of goods, services, capital or labour. Section 17(4) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, using the structures established under the Intergovernmental Relations Act ( Cap. 265F ), put in place mechanism to avoid double taxation of agricultural and aquatic products by the two levels of governments.

Section 17Verify source

§ 18LICENSING AND TAXATION PROVISIONS - 18. Manufacturing licenceProvision

Persons may not manufacture or process scheduled crop products for sale unless they hold a licence; licensing authorities may refuse, cancel, vary or suspend licences and must inform applicants of refusals; a manufacturing licence authorizes the holder to carry on the business in subsection (1) and to pack and blend crop products.

Section 18. Manufacturing licence Section 18(1) A person shall not manufacture or process a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") product for sale except under and in accordance with a licence issued under this Act. Section 18(2) An application for a licence under this section shall be in writing and in the prescribed form and shall be accompanied by the prescribed fee. Section 18(3)(a) issue a manufacturing licence, in accordance with this Act; Section 18(3)(b) refuse to issue the licence on any ground which may appear to the licensing authority ("the Authority or the county government as the case may be") to be sufficient and inform the applicant in writing of the reasons thereof; Section 18(3)(c) cancel, vary or suspend any licence if in the findings of the licensing authority ("the Authority or the county government as the case may be") , the licensee is found to have contravened the regulations made under this Act for the operation of manufacturing or processing entities. Section 18(4) A manufacturing licence issued under this section shall, in addition to authorizing the holder to carry on the business set out in subsection (1) , also authorize the holder to carry out the business of packing and blending a crop product.

Section 18Verify source

§ 19LICENSING AND TAXATION PROVISIONS - 19. Illegal manufacture, possession,etc.Offence

When a person is convicted under this section, the court must order forfeiture to the Government of any scheduled crop and any vehicle, vessel or other conveyance used in the offence, unless the court records a good reason not to.

Section 19. Illegal manufacture, possession,etc. Section 19(1)(a) manufactures a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for sale in contravention of this Act; Section 19(1)(b) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 19(1)(b)(i) has been grown, manufactured or processed otherwise than in accordance with this Act; Section 19(1)(b)(ii) is from a non-registered grower or dealer of such crop, Section 19(2) If a person is in possession or has control of scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for which the person is unable to account to the satisfaction of a person authorized under this Act, such scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") shall be deemed to have been grown, manufactured or dried otherwise than in accordance with this Act until the contrary is proved. Section 19(3) If a person is convicted of an offence under this section, the court shall order that any scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") and any vehicle, vessel or other conveyance in relation to which an offence has been committed shall be forfeited to the Government unless, in the case of a vehicle, vessel or other conveyance, the court sees good reason, to be recorded by it in writing, not to do so.

Section 19Verify source

§ 20LICENSING AND TAXATION PROVISIONS - 20. Issue of licencesProvision

Sets rules for issuing licences: the licensing authority must issue licences subject to conditions, specify premises, set fees after consultation, give at least 30 days notice before grant, invite objections within 14 days, must not withhold issuance without reasonable cause, licences are non-transferable, and total levies/fees must not exceed ten per cent of gate value.

Section 20. Issue of licences Section 20(1) A licensing authority ("the Authority or the county government as the case may be") shall issue licenses to applicants subject to such lawful conditions as the authority may determine. Section 20(2) Every licence shall specify the premises upon which the business specified in the licence may be carried on. Section 20(3) Licenses issued under this Act shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. Section 20(4) There shall be payable for the issue of licenses under this Act such fees as the licensing authority ("the Authority or the county government as the case may be") , after consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") or county executive as the case may be, prescribe. Section 20(5) The total fees charged under subsection (4) shall depend on the turnover of the dealer and shall not overburden small scale dealers and the cumulative total of all levies and fees payable shall in any event not exceed ten per cent of the gate value of the agricultural or aquatic product. Section 20(6) The licensing authority ("the Authority or the county government as the case may be") shall, at least thirty days before granting a licence under this Act, give notice of the proposed grant in the Gazette and in such other manner as the authority may determine. Section 20(7)(a) specify the name or other particulars of the person or class of persons to whom the licence is to be granted; Section 20(7)(b) state the purpose for the proposed licence and indicate the date such licence is proposed to be issued to the successful applicant; and Section 20(7)(c) invite objections to the proposed grant of licence and direct that such objections be lodged with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") within fourteen days next following the date of the notice. Section 20(8) The licensing authority ("the Authority or the county government as the case may be") may after considering the objections, if any, made under this section, grant the licence applied for, subject to such terms and conditions as may be specified therein. Section 20(9) The issuance of a licence to an applicant under this Act shall not be withheld without reasonable cause. Section 20(10) A licence issued under this Act shall not be transferable.

Section 20Verify source

§ 21LICENSING AND TAXATION PROVISIONS - 21. Application for renewal of a licenceProvision

An application to renew a licence must be made to the licensing authority no later than the first day of June in which the current licence expires; a late application is allowed if a prescribed late application fee is paid.

Section 21. Application for renewal of a licence Section An application for the renewal of a licence under this Act shall be made to the licensing authority ("the Authority or the county government as the case may be") not later than the first day of the month of June in which the current licence is due to expire but, notwithstanding the foregoing, a late application may be made upon payment of a late application fee as may be prescribed by the licensing authority ("the Authority or the county government as the case may be") .

Section 21Verify source

§ 22LICENSING AND TAXATION PROVISIONS - 22. Conditions of a licenceProvision

The licensing authority may set conditions on licences, including requiring dealers to actually grow specified crops.

Section 22. Conditions of a licence Section 22(1) A licence issued under this Act shall be subject to such conditions as the licensing authority ("the Authority or the county government as the case may be") may determine and as are specified in the licence and to any conditions which may be prescribed. Section 22(2) The licensing authority ("the Authority or the county government as the case may be") may require that any class of licenses issued to a dealer will be subject to the condition that the dealer engages in actual growing of any given crop. Section 22(3)(a) vary the conditions of the licence; or Section 22(3)(b) impose conditions or further conditions on the licence.

Section 22Verify source

§ 23LICENSING AND TAXATION PROVISIONS - 23. Revocation or alteration of a licenceOffence

A licence may be revoked or altered where an offence under this Act, or in respect of the licensed activity under any other written law, has been committed by the licence holder or any employee of the licence holder.

Section 23. Revocation or alteration of a licence Section an offence under this Act, or in respect of the licensed activity under any other written law, has been committed by the licence holder or any employee of the licence holder; or

Section 23Verify source

§ 24LICENSING AND TAXATION PROVISIONS - 24. Surrender of licenceProvision

Licence holders must surrender a revoked licence immediately to the licensing authority; a licence holder may at any time surrender a licence and it then ceases to have effect forthwith.

Section 24. Surrender of licence Section 24(1) The holder of a licence which is revoked shall immediately surrender it to the licensing authority ("the Authority or the county government as the case may be") . Section 24(2) A licence holder may at any time surrender the licence to the licensing authority ("the Authority or the county government as the case may be") and the licence shall cease to have effect forthwith.

Section 24Verify source

§ 25LICENSING AND TAXATION PROVISIONS - 25. AppealsProvision

Certain decisions about licences may be appealed to the Cabinet Secretary, and an appeal must be lodged within thirty days from the date the appellant first received notice of the decision.

Section 25. Appeals Section 25(1)(a) the grant, refusal, renewal, variation or revocation; or Section 25(1)(b) the conditions imposed on the grant, renewal or variation, of a licence, may appeal to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") . Section 25(2) An appeal under this section shall be lodged within thirty days from the date on which the appellant first received notice of the decision.

Section 25Verify source

Part V

APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS

§ 26APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS - 26. Appointment of county officersProvision

The Agriculture and Food Authority must appoint a county officer for each county, delegate necessary powers and functions to that officer, the officer is to exercise inspector powers, and county officers must liaise with the county executive committee.

Section 26. Appointment of county officers Section 26(1) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall, in respect of each county, appoint an officer to be stationed in the county for purposes of this Act. Section 26(2) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") shall delegate such exercise of its powers and such performance of its functions to the officer appointed under subsection (1) as shall be necessary in the discharge of its mandate in that county. Section 26(3) An officer appointed under subsection (1) shall be deemed to be an inspector for purposes of this Act, and shall exercise such powers and perform such functions as an inspector may exercise or perform under this Act. Section 26(4) A county officer appointed under subsection (1) shall liaise with the county executive committee in the discharge of its functions.

Section 26Verify source

§ 27APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS - 27. Appointment of crop inspectorsProvision

The Agriculture and Food Authority may appoint qualified persons as inspectors for each scheduled crop and may, by regulations, prescribe qualifications for different inspector categories.

Section 27. Appointment of crop inspectors Section 27(1) The Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may appoint qualified persons, to be inspectors for each scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") for the purposes of this Act. Section 27(2) For purposes of subsection (1) , the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") may, by regulations, prescribe the qualifications for different categories of inspectors.

Section 27Verify source

§ 28APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS - 28. Entry and inspectionOffence

Officials may enter and inspect premises of licence-holders or registered persons, require information, and obstructing or refusing to give information is an offence punishable by a fine up to one million shillings or imprisonment up to two years.

Section 28. Entry and inspection Section 28(1)(a) enter any land or buildings occupied by the holder of a manufacturing licence issued under this Act, or a person registered under this Act; Section 28(1)(b) make such inspection and enquiries as the person may deem necessary for ascertaining whether the provisions of this Act or the terms and conditions of the respective licence or registration are being complied with; and Section 28(1)(c) may require any person found thereon to give such information as the person may require. Section 28(2) A person who hinders or obstructs any person duly exercising or attempting to exercise any of the powers conferred by subsection (1) , or who fails to give any information reasonably required commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or both.

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§ 29APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS - 29. Powers of entryOffence

Inspectors have powers to enter and take actions under the Act; persons on entered land or premises must give reasonable assistance to the inspector; refusal or unreasonable delay to do so is an offence.

Section 29. Powers of entry Section 29(1)(a) perform the functions or exercise the powers conferred by this Act or any other written law; Section 29(1)(b) make enquiries or carry out a search to ascertain if this Act is being complied with; Section 29(1)(c) demand the production by a licence holder of the licence for examination; Section 29(1)(d) seize and remove any article or thing in respect of which the inspector has reasonable grounds for believing that an offence under this Act is being or has been committed; or Section 29(1)(e) do any other thing authorized under this Act. Section 29(2) The owner or occupier of or any person on land or in premises or a vehicle which is entered under subsection (1) shall render such reasonable assistance as may be required by the inspector. Section 29(3) A person who refuses, unreasonably delays or fails to comply with a requirement under subsection (2) commits an offence.

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§ 30APPOINTMENT OF COUNTY OFFICERS AND CROP INSPECTORS - 30. Obstruction of inspectorsOffence

A person must not prevent, hinder or obstruct an inspector carrying out functions, duties or powers under this Act.

Section 30. Obstruction of inspectors Section 30(1) A person shall not prevent, hinder or obstruct an inspector in performance of the functions, and duties or exercise of powers conferred by this Act. Section 30(2) A person who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding three years, or both.

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Part VI

MISCELLANEOUS PROVISIONS

§ 31MISCELLANEOUS PROVISIONS - 31. Infested areasProvision

Section 31 allows declaration and alteration of 'infested areas', prohibits certain activities and movement of crop material related to infested areas, and empowers the Cabinet Secretary to make regulations for their control and to revoke declarations when infestation ceases.

Section 31. Infested areas Section 31(1)(a) declare an area which is infested with a crop disease or pest to be an infested area; Section 31(1)(b) prohibit the use of an infested area for planting, growing, collecting, storing or other dealing or for any purpose connected with those activities; Section 31(1)(c) for the purpose of preventing crop disease or pest or the spread of the disease or pest, either in the crop or otherwise, prohibit the movement of planting seed or other crop material from, to, through or within an infested area or other specified areas; Section 31(1)(d) extend, diminish or otherwise alter an infested area; and Section 31(1)(e) where it is no longer infested with crop disease or pest, revoke the declaration of an infested area. Section 31(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may by regulations make further provisions for the control of infested areas.

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§ 32MISCELLANEOUS PROVISIONS - 32. General power to impose leviesCommencement

Section 32. General power to impose levies Section 32(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, with the approval of Parliament, by a notice in the Gazette , impose a levy to be levied on a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") or crop product. Section 32(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, upon the advice of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") , at any time by notice, alter the rate of the levy imposed under subsection (1) and such altered rate shall come into force on such date, not being less than two months from the date of the notice, as may be specified in the notice. Section 32(3) Different rates of levy may be imposed for different types or grades of crop products. Section 32(4) Any levy imposed under this section shall be levied and collected in the manner prescribed. Section 32(5)(a) the levies payable in the case of tea and sugar immediately before the commencement of this Act shall continue to be the payable rates until the Cabinet secretary specifically imposes different rates; Section 32(5)(b) the rate of any other levy shall be specified in the notice under subsection (1) and shall not exceed four per cent of the value of the crop on which the levy is payable. Section 32(6) A person who fails to pay the amount due in respect of any levy imposed under this Act commits an offence.

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§ 33MISCELLANEOUS PROVISIONS - 33. Use of leviesProvision

Proceeds of any levy imposed under this Act form part of the Authority's general funds and property and may be used by the Authority to further or exercise any of its functions or powers.

Section 33. Use of levies Section The proceeds of any levy imposed under this Act shall form part of the general funds and property of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and may be used by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") in the furtherance or exercise of any function or power of the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") .

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§ 34MISCELLANEOUS PROVISIONS - 34. Power to recommend establishment of subsidiary bodiesProvision

Section 34 gives a power to recommend establishment of subsidiary bodies.

Section 34. Power to recommend establishment of subsidiary bodies Section 34(1)(a) food security; Section 34(1)(b) value addition, marketing and export; Section 34(1)(c) offer extension services for irrigation farming; Section 34(1)(d) pest and disease control; Section 34(1)(e) crop insurance; Section 34(1)(f) marketing; and Section 34(1)(g) any other aspect relating to crop development. Section 34(2) Deleted by L.N. 57/2013, Sch. [L.N. 57/2013, Sch.]

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§ 35MISCELLANEOUS PROVISIONS - 35. General prohibition and offenceOffence

It is an offence for a person to do any of the acts listed in subsection (1) (a)–(g).

Section 35. General prohibition and offence Section 35(1)(a) breach or fail to comply with the provisions of this Act; Section 35(1)(b) breach or fail to comply with any of, the terms or conditions of a licence certificate issued to him or her under this Act; Section 35(1)(c) fail to comply with a lawful requirement or demand made or given by the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") or an inspector; Section 35(1)(d) obstruct a person in the execution of the powers or duties under this Act; Section 35(1)(e) knowingly or recklessly make a statement or representation which is false; Section 35(1)(f) knowingly or recklessly furnish a document or information required under this Act which is false; or Section 35(1)(g) knowingly or recklessly use or furnish a fake or forged or invalid certificate or a certificate that has been altered without authorization. Section 35(2) A person who contravenes any of the provisions of subsection (1) commits an offence.

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§ 36MISCELLANEOUS PROVISIONS - 36. Offences relating to body corporateOffence

Section 36, titled 'Offences relating to body corporate', states: "the act or omission constituting the offence took place without the person’s knowledge; or"

Section 36. Offences relating to body corporate Section the act or omission constituting the offence took place without the person’s knowledge; or

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§ 37MISCELLANEOUS PROVISIONS - 37. General penaltyOffence

A person who contravenes any provision of the Act, or commits an offence for which no penalty is prescribed, is liable on conviction to a fine up to five hundred thousand shillings, or to imprisonment up to one year, or to both.

Section 37. General penalty Section A person who contravenes any provision of this Act, or commits an offence for which no penalty is prescribed, shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a period not exceeding one year, or to both.

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§ 38MISCELLANEOUS PROVISIONS - 38. Restraint of breaches of this ActProvision

Provides for a declaration that the provisions of this Act are being, have been, or are about to be contravened.

Section 38. Restraint of breaches of this Act Section a declaration that the provisions of this Act are being, have been, are about to be contravened;

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§ 39MISCELLANEOUS PROVISIONS - 39. SupersessionProvision

If there is a conflict between this Act and another Act regarding development, management, marketing or regulation of a scheduled crop, the provisions of this Act prevail.

Section 39. Supersession Section If any conflict arises between the provisions of this Act and any other Act with respect to the development, management, marketing or regulation of a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") , the provisions of this Act shall prevail.

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§ 40MISCELLANEOUS PROVISIONS - 40. RegulationsProvision

The Cabinet Secretary may, in consultation with the Agriculture and Food Authority and county governments, make regulations to implement and prescribe matters under this Act.

Section 40. Regulations Section 40(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") may, in consultation with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and the county governments, make regulations for the better carrying into effect of the provisions of this Act, or for prescribing anything which is to be prescribed under this Act. Section 40(2)(a) declaration and regulation of a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") including production, distribution and marketing; Section 40(2)(b) the areas outside which a scheduled crop ("any of the crops listed under the First Schedule and includes such other crop as the Cabinet Secretary, on the advice of the Authority, may declare to be a scheduled crop under;") may not be cultivated, and regulating and controlling the variety, the cultural conditions, the method of production and grading of a specified crop; Section 40(2)(c) regulations on the appropriate seeds and planting materials for export and import; Section 40(2)(d) administration of plant breeder’s rights in line with the existing international conventions to which Kenya is a signatory; Section 40(2)(e) the control of crop pests and diseases; Section 40(2)(f) standards, testing and certification of seeds and planting materials; Section 40(2)(g) licensing and regulation of dealers in farm inputs; Section 40(2)(h) regulation and controlling the method of blending, packaging and labelling of specified crops for purposes of traceability; Section 40(2)(i) the periods for which licences and registration certificates shall be issued; Section 40(2)(j) the forms and fees to be paid for anything to be done under this Act; Section 40(2)(k) rules for ensuring food safety including handling, transportation, processing and market standards of food crops and crop products; Section 40(2)(l) rules and regulations of any organization dealing with crops and crop products, made by any such organization to be in conformity with the provisions of this Act; Section 40(2)(m) the submission of returns and reports by the holders of licences and permits under this Act; Section 40(2)(n) standards, and the manner of grading and classification of various crop products under this Act; Section 40(2)(o) measures of maintaining soil fertility including soil testing and regulation of soil salination, chemical degradation and toxic levels in plants; Section 40(2)(p) developing guidelines for public education on safe use of agro-chemicals; Section 40(2)(q) the procedure for processing of toxic crops; Section 40(2)(r) the relationship between farmers and other dealers in crops; Section 40(2)(s) the formula for the pricing of scheduled crops; and Section 40(2)(t) the regulation of standard industry agreements.

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§ 41MISCELLANEOUS PROVISIONS - 41. Dispute resolution by arbitrationProvision

The Cabinet Secretary must make rules setting out the procedure for arbitration of disputes between farmers and crop dealers.

Section 41. Dispute resolution by arbitration Section For the purposes of ensuring expeditious resolution of disputes arising between farmers and other crop dealers, the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall make rules to provide the procedure for arbitration of such disputes.

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§ 44MISCELLANEOUS PROVISIONS - 44. Administrative measures by theCabinet SecretaryProvision

Section 44. Administrative measures by theCabinet Secretary Section Subject to this Act, the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to agriculture;") shall, in consultation with the Authority ("the Agriculture and Food Authority established under the Agriculture and Food Authority Act ();") and the county governments, formulate and implement administrative measures to ensure smooth and orderly transition to the legal regime established by this Act.

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