Regulations and Compliance

The Food crops (cereals, pulses, roots & tubers) have been unregulated since independence. The department compliance and regulatory services in the food directorate play a leading role in sustainably developing and promoting the scheduled food crops through an effective regulatory framework. The regulations and their operational tools include;

The Crops (Irish Potato ) Regulations,2019; LEGAL NOTICE NO. 17

The Crops (Food Crops) Regulations,2019; LEGAL NOTICE NO. 217

Operational tools

Function

Promote best practices by regulating the production, transportation, processing, marketing, grading, storage, collection, and warehousing of scheduled food crops produce and products
Coordinate development and enforcement of regulations governing scheduled food crops.
Registration and licensing of dealers in food crops value chains
Facilitate international trade through export and import clearance
Enforcement of standards in the food crops sub-sector in order to ensure food safety
Conduct inspections and compliance audit for standards in stakeholder premises.
Development and review of the food crops produce Standards and Codes of Practices in collaboration with the Kenya Bureau of Standards (KEBS)
Carry out appropriate measures to ensure safety in the domestic food supply.
Participate in the formulation of policies and guidelines for scheduled food crops.
Capacity build County governments’ officers on matters relating to regulations and compliance to enable them to discharge their duties effectively
Participation in codex committee meetings on matters related to agricultural policies and International standards on food crops produce and products.
Checking and evaluation of conformity of the food product imports into the country.
Promote self-regulation among the various categories of dealers along the value chain in line with relevant regulations

Regulatory Services

The departments undertake various regulatory services for the scheduled crops. The services include registration and licensing of dealers, inspections, compliance audits, and capacity building of stakeholders.

The table details services offered and the charges that apply to the service

Service	Category of stakeholder	Regulatory documents issued	validity	Fees charged( Ksh.)
Registration	a) Large scale growers b) Grower association	Certificate of registration
	a) Large scale growers b) Grower association	Certificate of registration	Annual from date of issue	1,000
	Dealers( Marketing agents,transporters,processors)	Certificate of registration		3,000
	Importer	Certificate of registration		30,000
	Exporter	Certificate of registration		30,000
LICENCING
LICENCING	Irish potato importer/exporter	Importer/export license	June 30th of every year	Exporter 20,000 Importer 50,000
IMPORT CLEARANCE	Importer	Import clearance permit	Valid for each consignment not transferable	Charges Below 34,001 kg-Ksh. 3,000 34,001-280,000 kg-Ksh. 0.15 per kg Above 280,000 kg –Ksh. 0.01 per kg
IMPORT CLEARANCE	Irish potato importer/exporter	export/import permit	Valid for each consignment not transferable	Export - 0.5% of the total value Import - 3% of the total value
Inspection of imports/exports Inspection for Certification of warehouses	importer	release order	Valid for specific consignment not transferable	NIL
	Exporter	Certificate of conformity	Valid for each consignment not transferable	Charges Below 34,001 kg-3,000 34,001-280,000 kg-0.15 per kg Above 280,000 kg -0.01 per kg
	Warehouse operator	Certificate of compliance	Valid for one year from the date of issue	Less than 5,000 –Ksh. 2,000 Between 5,000 to 10,000 – Ksh.3,000 Between 10,000 to 50,000 – Ksh. 5,000 Between 101,000-150,000 – Ksh. 10,000 Between 150,000-200,000 –Ksh. 15,000 Over 200,000 –Ksh. 20,000 Silo complex – Ksh.25,000
Processing	New processor Existing processor	Certificate of approval Certificate of Compliance	One year from date of issue	Cereals/Pulses; Installed capacity (T/HR.) 0.5-2 Over 2 - 5 Over 5-10 Over 10-20 Over 20-45 Over - 45 ROOTS 0.5-5 Over 5-10 Over 10-20 Over 20-45 Over - 45	Ksh. 3,000 5,000 7,000 10,000 12,000 20,000 TUBERS 2,000 4,000 6,000 8,000 10,000
Random sampling testing & analysis of produce	All dealers’produce	Nil	Nil	Nil
Inspection and verification (compliance audits)	Growers, grower associations, dealers, and processors.	Nil	Nil	Nil	Nil
Surveillance and risk analysis, assessment and communication (random risk-based inspections &scheduled annual inspections)	Growers, grower associations, dealers, and processors.	Nil	Nil	Nil	Nil

Minimum requirements for the regulatory services

Registration of Large scale growers	Registration of grower associations	Registration of dealers	Importers/exporters
A dully filled application form Copy of Nation ID Clearance from CEC of the county where the farming is done.	A dully filled application form Copy of KRA Pin List of its members If company certificate of Company Copy of national ID of its directors	Marketing agents A dully formed application form Declaration of source of produce Copy of KRA Pin List of his suppliers of produce(farmers) If company certificate of Company Copy of national ID.	A dully formed application form A certificate of Company or Business Registration/Incorporation A valid KRA tax compliant certificate Company Pin Current business permit Form CR12 Copy of company profile. Copy of national ID of its directors
		Transporters A dully formed application form Vehicle registration Copy of National ID
		Processors A dully formed application form A certificate of Company or Business Registration/Incorporation A valid KRA tax compliant certificate Company Pin Current business permit List of suppliers Form CR12 Copy of company profile. Copy of national ID of Directors

Registration of Large scale growers

Registration of grower associations

Registration of dealers

Importers/exporters

A dully filled application form
Copy of Nation ID
Clearance from CEC of the county where the farming is done.

A dully filled application form
Copy of KRA Pin
List of its members
If company certificate of Company
Copy of national ID of its directors

Marketing agents

A dully formed application form
Declaration of source of produce
Copy of KRA Pin
List of his suppliers of produce(farmers)
If company certificate of Company
Copy of national ID.

A dully formed application form
A certificate of Company or Business Registration/Incorporation
A valid KRA tax compliant certificate
Company Pin
Current business permit
Form CR12
Copy of company profile.
Copy of national ID of its directors

Transporters

A dully formed application form
Vehicle registration
Copy of National ID

Processors

A dully formed application form
A certificate of Company or Business Registration/Incorporation
A valid KRA tax compliant certificate
Company Pin
Current business permit
List of suppliers
Form CR12
Copy of company profile.
Copy of national ID of Directors