The Crops (Nuts and Oil Crops) Regulations, 2016 
 
1 
  
 LEGAL NOTICE NO……………………   
THE CROPS ACT, 2013 
(No 16 of 2013) 
 
THE CROPS (NUTS AND OIL CROPS) REGULATIONS, 2016 
 
ARRANGEMENT OF REGULATIONS 
 
Regulation 
PART I —PRELIMINARY 
1—Citation and commencement. 
2—Interpretation. 3—Scope and purpose of  the Regulations. 
PART II — FUNCTIONS OF THE DIRECTORATE 
 
4—Functions of the Directorate. 
 
PART III—REGISTRATION OF NURSERY OPERATORS 
5—Nursery registration. 
6—Application for regist ration or renewal.  
7—Conditions for granting nursery certificate. 8—Revocation of nursery re gistration certificate. 
9—Statistical returns. 10—Approved planting materi al or seed source. 
11—Mother plants or mother  block certification. 
12—Good agricultural practices. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
2 
  
 PART IV—REGISTRATION OF DEALERS 
 
13—Registration of dealers. 
14— Registration of growers and associations. 15—Issue of Licenses. 16—
 Tree felling or movement permits. 
17—  Permits for transportation of  cashewnuts and macadamia. 
18—Dealer statistical returns. 19—Renewal of registration. 20—Dealers annual renewal fee. 21—Revocation of a deal er’s certificate. 
22—Decision on registrations. 23—Additional information. 24—Imposition of further terms, conditions and restrictions. 
25—Certificate of regist ration not transferable. 
26—Compliance with quality standards. 27—Exports compliance with appl icable laws an d regulations. 
28—Imports compliance with the standards. 
29—Contracts between  two parties. 
30—Compliance with contract s between two parties. 
31—Traceability of produce and product. 31—Traceability of records. 32—Contravention of this part. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
3 
 PART V—HARVESTING, PROCESSI NG AND MARKETING PROVISIONS 
 
 
 
FIRST SCHEDULE — Forms 
SECOND SCHEDULE — Nuts and Oil Crops industry levies 
THIRD SCHEDULE — Guidelines for contractual ag reement between the producer and 
dealer in the industry 
FOURTH SCHEDULE - Guidelines for Product Processing  
FIFTH SCHEDULE  – Licensing Requirements 
SIXTH SCHEDULE –Scheduled Crops 33— General provisions. 
34—Marketing through marketi ng collection centres. 
35—Inspectors. 36—Inspector’s entry. 
PART VI—FINANCIAL PROVISIONS 
 
37—General power to impose a levy on produce or products.   
38—Offence 39—Logging of nuts and oil crop trees. 
 
PART VII—MISCELLANEOUS PROVISIONS  
40—Protection from pe rsonal liability. 
41—General penalty. 42—Repeal.  
 
SCHEDULES The Crops (Nuts and Oil Crops) Regulations, 2016 
 
4 
 THE CROPS ACT, 2013 
(No 16 of 2013) 
 
           IN EXERCISE of the powers conferred by sect ion 40 of the Crops Act, 2013 the 
Cabinet Secretary for for Agriculture, Live stock and Fisheries makes the following 
Regulations— 
 
THE CROPS (NUTS AND OIL CROPS) REGULATIONS, 2016 
 
 PART I—PRELIMINARY 
 
Citation and 
commencement.  
 1. These Regulations may be cited as  the Crop (Nuts and Oil Crops) 
Regulations, 2016 and shall come into force on such  date as the Cabinet 
Secretary may, by notice in the Gazette , appoint.   
 
Interpretation. 
 
 
 
 
 
 
 
 
No. 13 of 2013.  
 
 
 
 
 
 
 
  
 
  
 
  
 
  
 
  2. In these Regulations unless th e context otherw ise requires— 
 
“agent” means a person appointed in wr iting by the Authority to carry out 
specific duties and functions in the nu ts and oil Crops s ubsector on behalf 
of the Authority 
 “Authority” means the Agriculture a nd Food Authority established by 
section 3 of the Agriculture and Food Authority Act, 2013; 
 
“Cabinet Secretary” means the Cabinet Secretary for the time being 
responsible for matters re lating to agriculture,  
 “certificate” means a document issued  by the  Authority for a specified 
purpose; 
 “certificate of origin” means a docume nt issued by a competent authority 
from a country of or igin confirming the origin of the  nuts and oil crops 
produce or product; 
 “collection centre” means a designated site that is established for the 
purposes of storage and ma rketing of different nu ts and oil crops produce 
and products; 
 “County Government” m eans the government provided for under Article 
176 of the Constitution  
 
“dealer” means a person, company, co- operative society, association of 
persons or firm engaged in buyi ng nuts and oil crops  produce or by-The Crops (Nuts and Oil Crops) Regulations, 2016 
 
5 
  
 
 
  
 
  
 
No.13 of 2013. products for resale in th e local or export market and includes exporter, 
importer, processor, ship chandler and agent; 
 
“Directorate” means the Nuts and Oil Crops Directorate established under the  
Agriculture and Food Authority Act, 2013.  
 
“distributor”  means a person that buys nuts and oil crops produce or 
products,      warehouses th em, and resells them to re tailers or direct to the 
end users or customers. 
 
“export” means to take  nuts and oil crops produce a nd products to a place 
outside Kenya; 
  “grower” means a small or large scale nuts and oil crops farmer;    “inspector”  means an officer of the Authority or a County agricultural 
officer appointed in writing by the Authority who derive s power of entry 
from the Attorney General  
 “licensee” means a person who hol ds a licence granted under these 
regulations; 
 “import” means to bring into Ke nya nuts and oil crops produce and 
products from another country; 
 “manufacture” means the pr ocessing of all nuts and oil crops produce and 
products and includes the packaging, label ling, distribution and 
importation of nuts and oils crops  products for sale in Kenya; 
 “mother block” means selected pl ants established for the purpose of 
obtaining clean planting, gr afting and budding material; 
“mother plant” means a tree that has been identified a nd approved by the 
Authority as a source of plan ting, grafting or budding material;  
 
“nursery” means a site approved by the Authority  where seedlings are 
raised; 
 
“package” means the contai ner, receptacle or wra pper in which nuts and 
oil crops product is contained; 
 
“person” includes an individual, company, fi rm, association  or a 
corporation;   The Crops (Nuts and Oil Crops) Regulations, 2016 
 
6 
 “raw cashew nut, , ra w macadamia” means unpro cessed produce still in 
shell;  “record” means a written or electronic data or in formation relating to a 
process or procedure; 
 “stakeholder” mean s any person involved directly or indirectly in the nuts 
and oil crops industry; 
“rootstock” means the part  of a plant which forms the root system of the 
plant, and into which a scion cultivar is gr afted or budded;
 
 “scion” means a detached shoot or bud used in vegetative propagation in 
the process of grafting or budding;  “ship chandler” means a person registered and authorized by the Authority to supply nuts and oil crop s produce and products to a ship or 
an aircraft; 
“small holder” means a person with  le ss  than ten acres under nuts or oil 
crop; 
“plantation” means a person with ten acres or more    under nuts or oil 
crop; 
 “traceability” means  ability to track nuts and oil crops produce and 
products from production to the fi nal consumer and vice versa; 
“transporter” means a person who is e ngaged in transportation of nuts or 
oil crops produce and products; 
“trader” means a person who transact s the business of nuts or oil crops 
produce or products; 
 “warehousing” means the process of  storing nuts and oil crops produce 
and products from growers or dealers;  
“warehouseman” means a company regi stered in Kenya and is in the 
business of storing nuts or oil cr ops produce and products from producers 
or dealers; and  
 “warehouse” means a building or premis es intended for storage of nuts or 
oil crops produce and products.  
  
Scope and 
Purpose of the 3. The purpose of these Regula tions is to provide guid elines to the nuts and 
oil crops industry  and provide for— The Crops (Nuts and Oil Crops) Regulations, 2016 
 
7 
 regulations.  
(a) The application processing procedures and forms; 
 
(b) The conditions for registration and licencing of produce  and 
product dealers and nursery operators; 
 
 
(c) The recommendation of general indu stry agreements or contracts 
between produce dealers and nuts and oil cr ops producers; 
 
(d) The compliance with qualit y and safety standards; 
 
 
(e) The harvesting, processing and ma rketing of nuts and oil crops; 
 (f) The filing of statistical returns; 
 
(g) The imposition and admi nistration of levies; 
 
(h) such other matters as may be deemed necessary for effecting 
these Regulations. 
 
  
PART II: FUNCTIONS OF THE DIRECTORATE 
 
Functions of the 
Directorate. 
 4. (1) The Directorate shall, in consultation with the county governments, 
perform the following functions—  
 
(a) administer the Crops Act, in accordance with the provisions of 
the said Act, as it relates to nuts and oil crops industry;  
 
(b) regulate the production,  post-harvest hand ling and marketing 
of  nuts and oil crops pr oduce and its by-products; 
 
(c)  provide advisory and regulatory services on matters related to 
the  industry to the Authority  and government for planning 
purposes; 
 
(d)  collect, collate data and maintain a da tabase on the industry; 
 
(e) promote the production, proc essing, grading, storage, 
collection, transportation and warehousing of all produce and 
by-products destined for markets; 
 
(f)  recommend general industry agreements between grower 
associations and processo rs of scheduled crops; 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
8 
 (g) appoint agents for the implemen tation or performance of any 
of the functions of the Directorate;  
 
(h) mediate and arbitrate disputes arising between growers and/or 
other players in the industry; 
 
(i)  initiate, promote and enforce qua lity standards for products and 
by-products, during processing, labelling, grading, packaging, 
transport, and st orage of produce an d by-products.   
 
(2) In addition subsection (1),  the Directorate shall— 
 
(a) regulate imports and exports of the produce and by-products for 
the efficient management of th e nuts and oil crops industry; 
 
(b) enhance technical capacity for the county government officers 
and other relevant stak eholders and provide technical materials; 
 
(c) be responsible for advising on rese arch priorities in nuts and oil 
crops industry;  
 
(d) vet contracts entered into between growers and other players or 
among other players in the indus try before they  are executed 
 
 
(e) collect and administer nuts and oil crops levies to enhance 
development and research  in the sub sector; 
 
(f) coordinate matte rs of international pr otocols and conventions 
 
(g) perform such other functions that may be assigned to it by the 
Cabinet Secretary or the Authority. 
 
 PART III—REGISTRATION OF NURSERY OPERATORS  
Nursery 
registration. 5. (1) A person shall not establish or ope rate a nursery or a mother block in 
any area unless the person is trained and registered with the relevant County Government.  (2) In addition, he shall be register ed with other re levant government 
agencies such as Kenya Plant He alth Inspectorate Services in 
accordance with these Regulations. 
  
Application for 
registration or 6. (1) A person who intends to operat e a nursery or mo ther block shall 
make application for regi stration to the   releva nt County Government as The Crops (Nuts and Oil Crops) Regulations, 2016 
 
9 
 renewal. 
 
 set out in form A of the First Schedule.  
 (2) The relevant County Governme nt shall issue a certificate of 
registration to a su ccessful applicant. 
 (3) The certificate of regi stration of a  nursery oper ator as set out in Form 
B in the First Schedule shall— 
(a) be renewable after one year; and 
(b) only applicable for a sp ecified inspected area. 
 
(4) The operator of a nursery shall avai l the certificate of registration for 
inspection when requested. 
 
  
Conditions for 
granting nursery 
certificate. 7. A person shall not be issued with a certificate of registration for a 
nursery, under regulation 6 unless a joint inspecti on team composed of 
relevant County Government and the Authority — 
 
(a) has visited and inspected the site and is satisf ied that the site is 
suitable for establishment of a nursery; and 
(b) is satisfied that the nursery operator or the operator’s agent has 
adequate knowledge of nursery manageme nt and production 
techniques. 
  
Revocation of 
certificate 
registration.  
 8. The relevant County Government may with the advise from the 
Authority revoke a certificate of regi stration issued to a nursery or a 
mother block operator if that operator fails to abide by the conditions set 
out in the certificat e of registration.  
  
Statistical returns. 
 
 
 9. Every registered nursery ope rator shall, not later th an the fifteenth day of 
the first month of every quarter of a financial year complete and submit 
to the relevant County  Government and a copy  to the Authority, 
statistical returns as set out in Form C of the First Schedule. 
 
  
Approved 
planting material 
or seed source 
 10. (1) Every person operating a nursery sh all procure planting materials or 
seeds from sources approved by the Authority.  
(2) In addition a nursery operator shall provide documentation upon 
request that the seeds or seedli ngs propagated are certified by a 
relevant Government Agency. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
10 
  
 (3) A person who contra venes this regulation commits an offence. 
 
  
Mother plants, 
mother block and 
nursery 
establishment. 11. A mother plant, mother block or nursery shall be established in 
accordance with the procedures recommended by the Authority in 
consultation with releva nt County Government. 
 
  
Good agricultural 
practices. 12.  Every grower shall comply with th e guidelines for product processing 
set out in the Fourth Schedule and good agricult ural practices in—  
 
(a) production;  
 (b) site selection; 
  
(c) spacing;  
 
(d) soil and water analysis;  
 
(e) records and document control;  
 
(f) traceability;  
 
(g) hygiene and cleanliness; and 
  
(h) workers’ welfare among others. 
  
 PART IV— REGISTRATION AND LICENSING  
 
Registration of 
traders, retailers, 
transporters and 
distributors. 13. (1) A person who intends to bulk, trade,  retail, transport, distribute or 
warehouse nuts and oil crops products  shall make an application for 
registration to the releva nt County Government as  set out in form D1 
of the First Schedule.  
 
(2) The relevant County Governme nt shall issue a certificate of 
registration to successf ul applicants under paragraph (1) set out in 
Form E1 of the First Schedule. 
 
(3) The certificate of registration shal l be valid until the thirtieth of 
June next following th e date of issue, unl ess earlier cancelled 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
11 
 Registration of 
growers and 
associations. 
 14.  (1) All small-holder growers, for purposes of accessing economies of 
scale, shall have the freedom to regi ster with an association registered 
by the relevant C ounty Government under these Regulations.  
 (2) All Nuts and Oil Crops Associations, Common Interest Groups, 
Community Based Organizations and Co-operatives dealing with nuts 
and oil crops shall apply to the re levant County G overnment for a 
registration as set out in form  D3 of the First Schedule.  
 (3) The relevant County Governme nt shall issue a certificate of 
Registration to Associations, Common Interest Groups, Community 
Based Organizations and Cooperatives as set out in Form E2 of the 
First Schedule 
 (4) All Nuts and Oil crops plantation growers shall apply to the relevant 
County Government for a registration as set out in form D3 of the 
First Schedule 
 (5) The relevant County Government in consulta tion with the Authority 
shall issue a certificate of Registra tion to plantation gr owers as set out 
in Form E3 of the First Schedule 
 
Issue of License 
 15. (1) A person who intends to process, import or export nuts and oil crops 
produce or products shall make an a pplication for registration to the 
Authority for a licence as set out in  form D2 of the First Schedule. 
 (2) The Authority shall issue a licen ce to successful applicants under 
paragraph (1) set out  in Form E4 of the First Schedule 
 (3) The licence issued under this regu lation shall remain in force until the 
thirtieth of June next following th e date of issue, unless earlier 
cancelled. 
 (4) The Authority shall, at  least thirty days before  granting a licence under 
these Regulations, give notice of th e proposed grant in  the Gazette and 
in such other manner as th e Authority may determine. 
 
Tree felling 
permit. 
 16. (1)  A person who intends to cut w ood from nuts and oil tree crops shall 
make an application for a permit to  the relevant C ounty Government 
as set out in form D4 A of the First Schedule. 
 
(2) The relevant County Government shall issue a permit for the cutting 
of wood from nuts and oil tree crops as set out  in Form E5 of the 
First Schedule. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
12 
 (3) The permit issued under this regul ation shall expire at the specified 
dates indicated on the permit. 
   
Permits for 
transportation of 
wood and raw 
nuts and oil crops produce  
 17. (1) No person shall mo ve or cause to be mo ved, any wood from nuts and 
oils tree crops; or any raw nut s and oil crops pr oduce without an 
original movement permit i ssued by the relevant County 
Government. 
 
(2) A person who intends to transpor t wood from nuts a nd oil crops trees 
or raw nuts and oil crops produce sh all make an application for a 
permit to the relevant County Government as set out in form D4 B of 
the First Schedule. 
 (3) The relevant County Government  shall issue a permit for the 
movement of wood from nut s and oil crops trees or raw nuts and oil 
crops produce as set out in Form  E6 of the First Schedule. 
 (4)  Movement permit for wood from nuts  and oil crops trees or raw nuts 
and oil crops produce shal l be issued only once and at the County of 
origin  
 (5)  A person who contravene s any of the provisions of this regulation 
commits an offence. 
 
Dealer 
statistical 
returns.  18.  (1) Every local trader, local processo r, retailer, transporter, distributor 
and marketing agent of nuts and oil crops produce and products shall, 
not later than the tenth day of every month, comp lete and submit to the 
relevant County Governme nt and copy to the Authority statistical 
returns in accordance with the provi sion of section 40 (2) (m) of the 
Crops Act and as set out in Form F of the First Schedule. 
 
(2) Every large scale processor, im porter, and exporte r of nuts and oil 
crops produce and products shall, not later than the tenth day of every 
month, complete and submit to the  Authority statistical returns in 
accordance with the provi sion of section 40 (2) (m) of the Crops Act and 
as set out in Form F of the First Schedule 
 
Renewal of 
registration. 
 19. (1) Every annual registration granted under these Regulati ons shall expire 
on 30th   of June following the date of issue unless earl ier cancelled  
       (2) Applications for renewal sh all be made within three months before 
expiry but not later than  one month before expi ry of such renewal. 
 
    (3) Late application shall attrac t a penalty of fift y per centum of the 
certificate or licence fee. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
13 
  
Dealer’s annual 
renewal fee. 
 20. (1) Every local trader, local processo r, retailer, transporter, distributor 
and marketing agent shall pay a dealer’s annual rene wal fee as set out in 
the Second Schedule.  
 (2) Every large scale processor, importer, and exporter shall pay a 
dealer’s annual renewal fee as set out in the Se cond Schedule.  
 
Revocation of a 
dealer’s 
certificate. 
 
 
 
 
  
 
  
 
 
 
  21. (1) The relevant County  Government or Aut hority shall revoke the 
certificate of registration  or licence of a specific dealer if the certificate 
or license holder fails to abide with  the provisions of these Regulations 
and any other written law. 
 
(2) Before a certificate of registration or license  is revoked under sub-
regulation (1), the certificate or  license holder shall be given— 
 
(a) sufficient notice of the intenti on to revoke the certificate or 
license; and 
(b) an opportunity to present their case. 
(3) The notification referred to in sub -regulation (2) shall be sent to the 
certificate or license hold er by registered post. 
 (4) Where a certificate of  registration or license is revoked under these 
Regulations, the ho lder shall not be entitled to any claim from the 
relevant County Governme nt or Authority or the National Government 
for any compensation or any damage s occurring from such revocation. 
 
Decision on 
registrations. 
 22. (1) The relevant County Government or Authority , in considering an 
application for any re gistration, licensing or , renewal under these 
Regulations, shall make a decision within  thirty days after receipt of an 
application for registra tion or its renewal. 
 
(2) Where an application for a renewal of  registration or license is made, the 
registration certifi cate or license shall be deem ed to continue in force 
until the application for renewal is determined and communicated to the 
applicant. 
 
Additional 
information. 
 23. The relevant County Gove rnment or Authority may require an applicant 
for registration, licensing or renewal specified unde r these Regulations to 
supply such additional info rmation as it considers necessary in relation to 
the application. 
 
Imposition of 
further terms, 24. The Authority, in consultation with th e Cabinet Secretary or the relevant The Crops (Nuts and Oil Crops) Regulations, 2016 
 
14 
 conditions and 
restrictions. 
 
 
 County Government may, at any time, by written notice to dealers vary 
any terms, conditions, restrictions; or  impose further terms, conditions or 
restrictions. 
 
Certificate of 
registration not 
transferable. 25. A certificate of regist ration, license or pe rmit issued under these 
Regulations shall not be transferrable to another entity and shall be 
applicable only to a farm or pr emise which has been inspected. 
 
Compliance with 
quality standards. 
 26. All nuts and oil crops pr oduce or products offered for sale shall, where 
applicable,  comply  with relevant — 
(a) National, regional and international standards; 
(b) food safety and hygien e requirements; and 
(c) sanitary and phytosan itary requirements. 
 
Exports 
compliance with 
applicable laws 
and regulations. 
 
 
 
 27. (1) Every exporter shall co mply with the relevant laws and regulations of 
export of the Nuts and Oil crops products. 
(2) Every exporter shall, not  later than the tenth day of ever y first month of 
the quarter of the year, complete and submit to the Authority statistical 
returns in accordance with the provi sion of section 40(2) (m) of the 
Crops Act and as set out in Form F of the First Schedule. 
 
Imports 
compliance with 
the standards. 28. (1) A person importing nuts and oil crops produce or product into Kenya 
shall, where applicable , first clear with th e following government 
agencies before being cl eared by the Authority— 
(a) Kenya Bureau of Standards; 
(b) Kenya Plant Health Inspectorate Services; and 
(c) any other relevant government agency. 
 
(2) Every importer shall, not later than  the tenth day of first month of the 
quarter of the year, complete and su bmit to the Authority statistical 
returns in accordance with the provi sion of Section 40(2) (m) of the 
Crops Act and as set out in Form F of the First Schedule. 
 (3) A person who imports material c ontrary to these Regulations commits 
an offence and is liable on conviction to  a fine two times the value of the 
material or imprisonment for a te rm not exceeding one year or both. 
 (4) In addition to the penalty in sub regulation (3), the person may, have The Crops (Nuts and Oil Crops) Regulations, 2016 
 
15 
 their licence revoked. 
  
Contracts 
between two 
parties. 29. (1) A registered dealer shall— 
(a) sign a contract with th e producer and register such contract with 
the relevant County Government an d the Authority as set in the 
Third Schedule; 
(b) indicate the contract price, qu antity, quality re quirements, the 
maximum payment period and delivery date; 
(c) notify the ±¤«¤µ ­³ #®´­³¸ '®µ¤±­¬¤­³  ­£ ³§¤ !´³§®±¨³¸ of 
any dealer or producer who cont ravenes any cont ract or order 
within thirty days after the date of the default; 
(d) Any person who cont ravenes the provisions of these 
Regulations commits an offence and is liable, on conviction to 
the penalties prescribed under the Crops Act 2013.  
 
 (2) The relevant County Government and the Authority shall set up a seven 
(7) member committee composed of  the Authority, Relevant County 
Government, three (3) farmers, one (1 ) processor and one (1) trader to 
mediate and arbitrate disputes arisin g between growers and other players 
in the industry. 
 
Compliance with 
contracts between 
two parties. 
 
 
 
 
 
 
 
 
 
 
 30. (1) A registered dealer shall not— 
(a) sponsor growing of nuts and oi l crops for trading without 
informing the relevant County G overnment in writing, and any 
production scheme so sponsored  shall be regulated by a 
contract as set out in the Third Schedule; 
(b) collect produce and products  from sponsored production 
schemes unless authorized to do so by the sponsoring firm; or 
                 (c) return produce and product collecte d from the producer or 
supplier, contrary to th e contract agreement  
(2) A registered dealer shall pay fo r collected produce within the time 
stipulated on the contract agreemen t, failure to which he shall be 
required to pay the full amount of th e produce plus interest accrued as 
per existing commercial rate  
(3) A registered dealer shall be require d to have in his possession, a copy of 
the contract which he shall pr oduce upon demand by a person duly 
authorized in writing by the Author ity or relevant County Government. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
16 
 Traceability of 
produce and 
products. 
 
 31. Every producer and dealer shall develop, implement and monitor a 
precise and detailed traceability syst em to ensure that consumers are 
informed correctly on the nuts a nd oil crops produce and products. 
 
Traceability 
records.  32. (1) Traceability records relating to  the produce and pr oducts shall be 
kept and maintained by growers, manufacturers a nd dealers for at least 
two years.  
 
(2) Traceability records relating to the seed and seedlings of nuts and oil 
crops shall be kept and maintained by growers and nurse ry operators for 
at least five years. 
 
Contravention of 
this Part 
 (3) A person who contravenes the provisi ons of these Regulations commits 
an offence and is liable , on conviction, to the pena lties prescribed under 
the Crops Act 2013. 
 
 PART V—HARVESTING, PROCESSING AND MARKETING PROVISIONS  
 
General 
provisions. 
 
 
  33. (1) Harvesting of nuts and oil crops shall be don e when the produce is 
physiologically mature for the inte nded use and during the harvesting 
seasons that shall be designated by  the  relevant County Government 
from time to time. 
(2) Nuts and Oil Crops produce and produc ts shall be ha rvested, sorted, 
graded, packaged, transported and stored in accordance with the 
guidelines set out in the Fourth Sche dule and the specif ic National or 
International nuts and oi l crops produce standards 
 
(3) A person who deals with the proce ssing and selling of nuts and oil 
produce and products  shall, not later than the tenth day of the first 
month of the quarter of the year, complete and su bmit to the Authority 
and copy to the relevant  County Government stat istical returns as set 
out in Form F of the First Schedule. 
 
(4) All premises for storage and proces sing of Nuts and Oil crops produce 
and products shall be built and main tained in accord ance with the 
hygienic conditions stip ulated in the Public Health Act and should 
ensure conformity to food safety and quality standards in accordance 
to national and International regulations   
(5) Any person who cont ravenes these regulations shall be guilty of an 
offence and liable to the penalties prescribed under section 37 of the 
Crops Act 2013. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
17 
 Marketing 
through collection 
centres.  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 34. (1) The growers shall ma rket their produ ce through collection centres. 
The collection centres shall be used as— 
 
(a) sites for grading and bulking of  nuts and oil crops produce and 
products to achieve ma rketable volumes; 
 (b) collective bargaining  and negotiations  and signing of 
contractual agreements between pr oducing clusters  and traders; 
 
(c) points for lodging and arbitration of disputes between aggrieved 
parties;  
(d) centres of information dissemi nation on prices, markets and 
other technologies on nuts and oil crops industry improvement; 
and 
 
(e) collective acquisition a nd distribution of agricultural inputs, 
provision of advisory services, credit and othe r agricultural 
services 
 
(2) The Authority in consultation w ith the relevant County Government 
shall, from time to time issue gu idelines on the es tablishment and 
management of nuts and oil crops  produce and products collection 
centres. 
Inspectors. 
 35.   (1) There shall be Inspectors who shall be appointed and their names 
published in the Kenya  Gazette  by the Authority in accordance with 
section 27 of the Crops Act 2013.  
(2) A person appointed as an insp ector under sub regulation (1) shall- 
  
(a) be persons  that hold a minimum of a degree in agriculture or 
related field from  a reco gnized  Instit ution; and 
 
(b) have the relevant expertise and experience in agriculture. 
 
(3) A person appointed as an inspector shall declare interest and step 
aside for inspection to be done in  business where he  has interest. 
 
(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 
 
(5) Without prejudice to the general ity of regulation 23, inspectors shall 
monitor activities associated with  nuts and oil crops produce and The Crops (Nuts and Oil Crops) Regulations, 2016 
 
18 
 products. 
 
(a)  inputs, production, dealing, and processing to ensure 
compliance with these regulations;   
(b) regularly undertake  surveillance and inspections  to ensure 
that- 
  
(i) production, distributi on and use of inputs for food crop 
production conform to provisi ons of these regulations; 
 
(ii) growers of nuts and oil cr ops produce and products apply 
good agricultural practices to en sure quality and safety of 
the produce; 
 
(iii) dealers and processors in nuts and oil crops produce and 
products adhere to the terms and conditions of 
registration, licensing and guide lines set out in schedule 
4. 
 
(6) The inspectors shall work in co llaboration with the County Executive 
Committee member in charge of Ag riculture in discharge of their 
functions. 
 
  
Inspector’s entry. 
 
 
 
 
 36.  (1) An inspector shall, upon av ailing an identi fication from the 
Authority, be allowed at all reasona ble times to acce ss any farm, land 
or premises on which nuts and oi l crops produce or  products are 
grown, stored, warehouse d, processed or reasonably suspected to be 
grown, stored, warehoused or processed. 
 (2) An inspector shall upon entry on a farm, land or premises ascertain 
whether the provisions of the Crops  Act 2013 and these regulations are 
being complied with. 
 (3) Where an inspector has reasonab le grounds to su spect that any 
provision of the Crops Act 2013 or th ese regulations is being flouted, 
the inspector may require the owner,  occupier or agent present to 
furnish any required information or  material relatin g to the matter 
under inspection.  
 (4) Any person who prevents, hinders  or obstructs an  inspector in 
performance of their functions a nd duties commits an offence  
 (5) A person convicted of an offence under these regulations  is liable to The Crops (Nuts and Oil Crops) Regulations, 2016 
 
19 
 the penalties prescribed  under the Crops Act 2013. 
 (6) In addition to the pe nalty referred to in sub- regulation (5) a convicted 
person shall, where applicable, ha ve their registration certificate 
revoked. 
 
 
 PART VI—FINANCIAL PROVISIONS 
 
General power to 
impose a levy on 
nuts and oil crops 
produce and 
products.   
 
 
 
 37.(1) The Cabinet Secretary with the approval of  Parl iament, hereby 
imposes a levy to be levied on all nuts and oil cr ops produce and 
products at the point of import or  export as set out  in the Second 
Schedule of these regula tions and in accordance  with section 32 of 
the Crops Act 2013. 
(2) Different rates of levy may be im posed for different types of nuts and 
oil produce and products.  
 
Offence. 
  38. (1) A person who fails to pay the am ount due in resp ect of any levy 
imposed under thes e Regulations comm its an offence. 
 
(2) Any levy which remains unpaid sha ll be recovered by the Authority 
as a civil debt due to it from the person by whom it is payable. 
 (3) Any levy that remains unpaid for a period of thirty days or more shall 
attract interest at commercial ba nk rates until it is fully paid. 
 (4) Import and export levy on nuts and oil crops produce and products 
shall be charged as follows— 
(a) four percent of  cost insurance and freight  of imported 
finished products;  
(b) two percent of cost insuranc e and freight of imported 
raw material;  
(c) Kenya shillings two per kil ogram of freight on board 
value of exported raw produc e except those prohibited 
from export under section 43 of the Agriculture and 
Food Authority Act 2013; and  
(d) zero point two five percent of freight on board value of 
exported finished product 
 
 (5) An exporter of nuts and oil crop s produce and products shall register The Crops (Nuts and Oil Crops) Regulations, 2016 
 
20 
 the exports made and make a retu rn of all transactions to the 
Authority in Form F set out  in the First Schedule.  
 (6) Any importer or exporter who pr ovides false information required 
under these regulations shal l be guilty of an offe nce and liable to the 
penalties prescribed under sec tion 37 of the Crops Act 2013. 
 (7) All exporters and importers shal l provide documenta ry evidence to 
the Authority or its collection agen ts of having paid  the applicable 
levy 
 (8) The Authority or its authorized ag ent shall have the power to verify 
customs documentation on exports and imports of any nuts and oil 
crops produce and products consignm ents and issue an import or 
export release order in the manner pres cribed in Form G under the 
First Schedule. 
 (9) The Authority shall not issue a release order if an exporter or 
importer is in contravention of th e provisions of the Crops Act or 
any regulations ma de there under. 
 (10) The Authority may cancel the expor t or import release order if an 
exporter or importer cont ravenes the provisions of the crops act or 
any regulations made thereunder 
 (11) An importer of nuts and oil crops produce and products shall 
register the imports made and make a return of all tran sactions to the 
Authority in Form F set out in the First Schedule.   
 
 
  
Logging of nuts 
and oil crop trees. 
 
 
 
 
 
 
 
 
 
 39 (1) A nuts and oil crop tree shall not be cut except in the following 
instances and  only after an inspection has been  carried out and a permit 
issued by relevant County Government— 
 
(a) where the tree is no long er economically productive; 
(b) where the tree is disease-infested; 
(c) where the tree is damaged by natural calamities; 
(d) when the agricultural land de voted to production is to be 
converted, according to the law, into residential, commercial or 
industrial use; 
(e) when the land devoted to production is to be convert ed into other The Crops (Nuts and Oil Crops) Regulations, 2016 
 
21 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 agricultural uses or other agri culture-related activities in 
pursuance to conversion duly a pplied for by the owner and 
approved by the proper  authorities; or 
(f) where the tree would cause h azard to life or property. 
(2) Despite sub-regulation (1), no c onversion shall be allowed by the 
relevant County Gove rnment until after it has been certified that for 
a period of at least three years the— 
(a) majority of nut and oil crop tr ees have become senile and 
economically unproductive; and 
(b) nut and oil crops farm is not adaptable to sound management 
practices on account of— 
(i) the geographical location; 
(ii) topography; 
(iii) drainage; and any other condition rendering the farm 
economically unproductive.  
(3) A permit to cut a tr ee or plant shall not be granted unless the 
applicant, in consultation with  relevant Count y Government 
agricultural officer, has planted three seedlings to  replace the tree or 
plant cut. 
 (4) Despite sub regulation (4), the replanting shall not apply to areas 
converted into industria l, commercial or resi dential sites or land 
transformed in accordance with the law into other agricultural purposes. 
 (5) The relevant County Government  shall confirm whether replanting 
was done and oversee th e planting, fertilizat ion and care of the 
newly planted nuts and oil crop trees. 
 (6) In the implementation of sub re gulation (5), the relevant County 
Government agricultural officers sh all conduct, from time to time, 
on-the-spot inspections of the si tes where nuts and oil crop trees 
have been replanted. 
 (7)  A person convicted of an offence under this regul ation is liable to the 
penalties prescribed under sec tion 37 of the Crops Act 2013. 
 
 PART VII—MISCELLANEOUS PROVISIONS 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
22 
 Protection from 
personal liability. 40. An action shall not lie against the Authority, Directorate or relevant 
County Government or any of its offi cers or other persons appointed or 
authorized to perform an y function under these Regu lations in respect of 
anything done or omitted to be done by them in good faith in the exercise 
of or performance of any power, aut hority or duty conferred or imposed 
by them under th ese Regulations. 
 
General penalty. 41. A person who contravenes any provision of these Regulations for which 
no specific penalty is pr escribed, commits an offe nce and is liable, on 
conviction, to the penalties prescrib ed under section 37 of the Crops Act 
2013. 
 
Repeal. 42. Legal Notice No 165 of 2007 whic h established Kenya Coconut 
Development Authority is revoked.  The Crops (Nuts and Oil Crops) Regulations, 2016 
 
23 
  
FIRST SCHEDULE 
 
 
COUNTY GOVERNMENT OF............................................................................. 
THE CROPS (NUTS AND OILCRO PS) REGULATIONS, 2016 
 
FORM A 
 
Serial No.; County code/commodity/000(serial per licensing period)   Regulation 6(1) 
 
APPLICATION FOR REGISTRATI ON OF A CROPS NURSERY OR 
MOTHERBLOCK 
(To be filled in triplicate) 
1. Full name of Applicant  
…………………………………….…………….………….……..…....…….…..……… 
2. PIN No……………………………………ID No…………………………………….. 
 
3. Postal Address..………............Tel..........................................Email..................................  
4. County………………………Sub-County……… ……Ward ………….Location ……… 
Sub location………………………….. 
5. L.R. No.  …………………………………………………  
6. Type of material  to be produced: 
Crop/variety    No. of S eedlings   S ource of Seed 
…………………….   ………………………..  ……………… …………………….   ………………………..  ………………  I confirm that I shall abide by the regulations and en sure that all seed material for planting 
has been inspected and appr oved by County inspectors. 
  The Crops (Nuts and Oil Crops) Regulations, 2016 
 
24 
  
Applicant’s signature   …………………………………………………Date…………………………………………  PART II 
FOR OFFICIAL USE
 
Inspector Remarks ………………………………………………………………………………………………… …………………………………………………………………………………………… ….    Recommended /Not recommended Inspector name …………………………………Signature………………………... Date………..…  Approved/Not Approved  by: County Executiv e Committee in charge of Agriculture 
 Name …………………………………Signature….………….…………Date ……...…  
 Additional information 
1. Application for License/ registration shoul d be sent to the County where the 
nursery/mother bl ock is located 
2. Successful applicants shall be required to pay prescribed  fees and submitted to the 
County government. 
  
 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
25 
  
COUNTY GOVERNMENT OF. ........................... ............................ 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM B 
 
Serial No.; County code/commodity/000(serial per licensing period)   Regulation 6(3) 
 
CERTIFICATE OF REGIST RATION OF A NURSERY 
 
Name ………………………………………………………………………………………… 
P. O. Box …………………………………………………………………………………….  Is/are registered to operat e a……............…………………………..Crop nursery for the 
year  ……………………… 
Located at: Ward ……………………………………Sub location………………………………..     Location…………………………………....Sub County……………………………… County ……………………………..………………………..……  LR No ………………………………………………….................. The following planting mate rials will be produced:  
Types
        number of planting stock  
……………..….………………………………… ……………………………................. ……………..….…………………………………  ………………………………............... ……………..….…………………………………  ……………………………................. Registration No.  …………………………………  
Signed ..…………………………………………Date:…………………………………… 
 
CEC in charge of Agriculture  Conditions: 
1. This certificat e is valid  
until the thirtieth of June next following the date of issue, unless earlier 
cancelled  The Crops (Nuts and Oil Crops) Regulations, 2016 
 
26 
 2. This certificate is not transferable to any othe r person, or nursery site 
3. All planting material must be sourced from approved sources  
4. No sale of planting materi al before final inspection and approval by the County 
Government. 
5. All approved planting mate rials which are not distri buted during the approved 
season will be subjec t to re-approval befo re distribution. 
6. All certified materials which cannot be so ld during the certification season will be 
subjected to certificati on after (6) six months. 
7. Nursery operators shall remit statistical returns to the County Government and a 
copy to the Authority on quarterly basis.  
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
27 
   
COUNTY GOVERNMENT OF........... ........................ ................. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM C 
 
Serial No.; County code/commodity/000(serial per licensing period)   Regulation 9 
 
       
NURSERY OPERATOR STATISTICAL RETURNS FORM   
(To be completed in triplicate) 
1. Name of the Nursery operator ……………………………………...……………….….…………….. 
2. ID No/ VAT Certificate No. ………..……… … PIN Certificate No. …………………………. 
3. Telephone/ Mobile number …..……………… .. P.O. Box …...……. … Town …….…………… . 
4. Location of the nursery: Ward ………..……......................................................…………..  
Sub-location ………….………...………………..  Location…………………..…..………………..  
Sub County ………………………….……… County…………………….………………… 
5. Period of returns:  July –September                    October –December …..January - March
April  - June  
(Tick where applicable) 
Declaration :  
Crop Variety Number of 
seedlings raised within the 
period Number of 
seedlings issued/sold,/ 
distributed Balance of 
seedlings Average price of a 
seedling  sold over the period (KES) 
      
      
      
      
I solemnly declare that the information I have given above, to the best of my knowledge, is true and 
complete. 
The Crops (Nuts and Oil Crops) Regulations, 2016 
 
28 
 Name of the Nursery Operator ………..…………………………………………………………………  
Signature ……………………………………….…..…  Date ……………..……………..… 
 
6.  For official use only: 
Name of the officer who verified the records …………...………..…….…………………….. 
Date …………………..…………….  Signature ………………………………….. 
Official Authority/County Government Rubber stamp 
 
  
 NB
 
This form must be filled and submitted to the County Government and copy to the Authority, not later than 
the fifteenth day of January and fifteenth day of July of every year 
 
    
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
29 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM D1 
 
Serial No.; County code/commodity/000(serial per licensing period)   Regulation 13(1) 
 
        
APPLICATION FOR REGISTRATION AS A TRANSPORTERS/ MARKETING 
AGENT/WAREHOUSING / DI STRIBUTOR OF…….PRODUCE  
(To be filled in triplicate)  
 
1. Full name of Applicant …………………………………….…………….………….……..….. 
2. Postal Address…………………………............ .............. ................. .....  
PIN No / ID. No. ………….…………………… ………….……….……………..…. 
3. Registered 
Office………………………………………………………….….……….….………………. 
L. R. No. ……………….…….……..….………   Street ……..………….......……………………… 
Tel. No. ……….…………....….….………...….   Fax No .  …..................….. .....…..…....………..... 
E-mail  …………..…….……....….……...…...     Website  …………………..……………...…...… 4. Place where the premise is located: 
Ward ……………………………………Sub location………………………………..     
Location…………………………………....Sub County……………………………… 
The dealer (agent) should declare all premises (buying centres) 
Details of the Buying Centres/Warehouses 
Buying Centre 
Name/No Capacity (Sq.ft) Location  Street/Avenue/ 
Village Contact Person Mobile No. 
      
      
      
      
 
Please note that new buying centre(s) established by the Company have to be notified to the Authority in 
writing within 7 days.  
1. Type of dealership e.g. Distributor/Transporter/ Marketing Agent/  
(Specify) ………………………..………………………….………….………………………..…………  
2. Types of Produce/ Products …….………..….…………….…..………………..……… The Crops (Nuts and Oil Crops) Regulations, 2016 
 
30 
 3. Sources of supply for Prod uce …………………………....………..………..…….……………...…… 
4. Destination for Produce …………………………....………..………..…….……………...…… 
Declaration 
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge and 
belief. 
Applicant Signature………………………….……    Date ………………….………….. 
 
 
FOR OFFICIAL USE  
 
 
County Government  Approval  
 
 Checked by: Sub County Agricultural Officer  
 
 
Name………………..…..………. …………… Signature…………………….... Date ………………… 
 
 
Approved  by: CEC in charge of Agriculture 
 
 
Name………………..…..………. ……………Signature…………………….... Date …………………  
Official stamp/seal  
 
 
 
 
TERMS AND CONDITIONS 
 1. This application will only be considered after the Licencing Authority is satisfied that the applicant has 
complied with Kenyan Standards, Code of Practice and other legal requirements. 
2.  The dealer shall produce such documentary evidence as requested to support the statements made above. 3.  A dealer shall pay all dues to the Licencing Authority before his application can be considered. 4. In case of macadamia produce the marketing agent shall provide the pa rticulars of the contract signed 
between them and the sponsoring processor. For traceab ility purposes, the dealer shall provide a signed 
contract with his/her suppliers (eg farmers) The Crops (Nuts and Oil Crops) Regulations, 2016 
 
31 
 5.  A registration certificate issued shall be valid up to the following 30th June.. 
6.  The Licencing Authority has the right to approve or re ject this application.  In  case of rejection, reasons 
will be given and the applicant can reapply after meeting all requirements 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
32 
  
COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
 
FORM D3 
 
Serial No.; County code/commodity/000(serial per licensing period)   Regulation 14(4) 
 
 APPLICATION/RENEWAL FOR REGISTRATION OF GROWERS’ ASSOCIATIONS, COMMON INTEREST GROUPS, COMMUNITY BASED ORGANIZATIONS, CO-OPERATIVE SOCI ETIES AND PLANTATION GROWER 
(To be filled in triplicate) 
 
 
1. Full name of the entity  ………………………………….…………….………….……..…....…….…. 
2. Postal Address…………………………..………..... ................... ................... ................... ................ .....   
3. Registered Office………………………………………………………….….……….….………………. 
L. R. No. ……………….…….……..….………   Street ……..………….......……………………… 
Tel. No. ……….…………....….….………...….   Fax No .  …..................….. .....…..…....………..... 
E-mail  …………..…….……....….……...…...     Website  …………………..……………...…...… 
4. Place where the premise /collection centre is located: 
       Village/area……..….………..….…...……..      Ward……………………….……….….……....               Sub-County…...…………………………..…… County………………..…..…..……..……….….. 
5. Number of growers/traders in th e group..................      Acreage under production …………………….   
6. Directors/Officials  
Name    ID/Passport No    PIN No    Tel No ………………………  …………………… ……………………… …………………. ………………………  …………………… ……………………… …………………. ………………………  …………………… ……………………… …………………. Attach copies of registration certificate, ID/Passpor t of officials/Directors and tax compliance certificate 
7. Types of Produce/ Products …….………..….…………….…..……………….……………..……… 
Declaration 
We hereby declare that the particulars which we have given are true and accurate to the best of our knowledge 
and information. 
Chairman/Director .................... .............Signature……… ………………   Date ………………….. 
Secretary........ ..................... ....Signature………………………   Date ………………….………….. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
33 
 Treasurer........ ..................... ....Signature………………………   Date ………………….………….. 
 
FOR OFFICIAL USE  
 
 
 
 
 
County Government  Approval  
  Checked by: Sub County Agricultural Officer  
 
 
Name………………..…..………. …………… Signature…………………….... Date …………………  
 Approved  by: CEC in charge of Agriculture 
 
 
Name………………..…..………. ……………Signature…………………….... Date ………………… 
 
Official stamp/seal  
 
 
TERMS AND CONDITIONS 
 1 The applicant shall produce such documentary evidence as requested to support the statemen ts made above. 
2.  The applicant shall pay all dues to the relevant  County Government before the application can be 
considered. 
3.  All registration certificates issued shall be valid until the thir tieth of June next following the date of issue,              
unless earlier cancelled 
4.  The relevant County Government has the right to approve or reject this application.  In case of rejection, 
reasons will be given and the applicant can reapply after meeting the requirements. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
34 
 
 
AGRICULTURE AND FOOD AUTHORITY 
(NUTS AND OIL CROPS DIRECTORATE) 
FORM D2 
Serial No.; AFA/NOCD/000 -         Regulation 15(1) 
 
APPLICATION/RENEWAL FOR A PR OCESSOR/EXPORTER/IMPORTER 
LICENSE 
 
(To be filled in triplicate)  
1. Full name of Applicant …………………………………….…………….………….……..….  
2. Postal Address……………………………..……….......... .................. ................. .............  
3. Registered Office………………………………………………………….….……….  
L. R. No. ……………….…….……..….………   Street ……..………….......……………………… 
Tel. No. ……….…………....….….………...….   Fax No .  …..................….. .....…..…....………..... 
       E-mail  …………..…….……....….……...… ...     Website  …………………..……………...…...… 
4. Place where the premise is located: 
       Town/Street……..….………..….…...……..      Ward……………………….……….….……....        
       Sub-County…...………………………….. County………………..…..…..……..……….….. 
5. Directors 
Name   ID/Passport No   Citizenship   Shares ……………………… …………………… ……………………… …………………. 
……………………… …………………… ……………………… …………………. 
……………………… …………………… ……………………… …………………. 
(Attach copies of certificate of registration/incorporation, ID/Passport of Directors,  tax compliance certificate  and current Single Business Permit)  
6. Type of dealership e.g. Processor/Exporter/Importer/ (specify) 
………………………..………………………….………….………………………..…………  
7. Types of Produce/ Products …….………..….…………….…..………………..……… 
8. Sources of supply for Produce ……………………....………..………..…….……………...…… 
9. Destination for Produce …………………………....………..………..…….……………...…… The Crops (Nuts and Oil Crops) Regulations, 2016 
 
35 
 Declaration 
I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge 
and belief. 
Applicant Signature………………………….……    Date ………………….………….. 
 
 
FOR OFFICIAL USE  
 
Authority Approval  
Checked by : 
Authority’s  Manager/Officer  
 
 Name………………..…..………. …………… Signature……………………....  Date ………………… 
 
 
Approved  by: Authority’s Director 
 
Name………………..…..………. …………… Signature……………………....  Date …………………  Official stamp/seal  
 
 
TERMS AND CONDITIONS 
 1. This application will only be considered after the Au thority is satisfied that the applicant has complied with 
relevant Local and International Standards, C ode of Practice and other legal requirements. 
2.  The applicant shall produce such documentary evidence as requested to  support the statements made   
above. 
3.    Applicant shall pay all dues to the Authority before his application can be considered. 4.  The licence issued shall be valid until 30
th June next following the date of issue 
5.  The Authority has the right to approve or reject this application.  In case of rejection, reasons will be given 
and the applicant can reapply af ter meeting the requirements. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
36 
  
 
COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
 
FORM D4 A 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 16(1) 
 
APPLICATION FOR WOOD FELLING PERMIT OF NUTS AND OIL CROPS 
TREES 
  
PART A:  TO BE FILLED BY APPLICANT 
 
Name ………………………………………..………….…....…… ID. No…………………...…………..…… 
Plot No…………..…..…… Village……..….…….… ……Sub location….. ..........……………...……… 
Ward……………….Constituency………….Sub County…...……..… …… County……………  
 
CATEGORY: (tick appropriately) Cutting                  Transporting            
 
No. of trees/plants, requested to be Cut/transported ………...… …Variety..…………..……….  
Average Age (Yrs) ..……….…...... 
 
Reason or purpose of cutting/transporting 
……………………………………………………………………………………………………………………
…………...……………………………………….……………………………………………………………… 
 Balance of trees/plants (Number): Young…………………….….. Mature…………….……………… 
Planting configuration (Tick):  
   Orchard   Line/ Boundary            Random       
No. of seedlings to be planted ……………………………………………………………………………..                            
 
…………………. Signature……………………. Date……………............… 
Official Rubber Stamp 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
37 
 PART B: TO BE FILLED BY WARD AGRICULTURAL OFFICER  
I confirm that I have visited the said site and have found the following conditions to be correct: 
(Tick where appropriate) 
a) The trees(s) is/are senile/ past productive age  
b) The orchard is overcrowded and thinning is necessary for improved productivity  
c) I have given the applicant technical advice on Good  Agricultural Practices on how to take care of the 
remaining trees and/or seedlings to be planted 
d) The applicant will plant at least three (3) quality s eedlings for every tree cut and I will ensure that 
he/she does that 
Approved/Not approved…………………………………………………………………………………… 
Reasons/Recommendations 
……………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………… 
Name………………………………………………. Signature…………………….Date……………… Official Rubber Stamp 
 
 
 
PART C: TO BE FILLED BY SUB COUNTY AGRICULTURAL OFFICER 
Based on the information given above on PART A, and B, I approve/dis-approve the issue of the permit to fell 
…………… (number) trees. 
Fees charged*……………………………….…………………………………………………….……………… 
(Kenya shillings five hundred per tree) 
Authority Officer’s Name 
………………………………………………………………………………………….… 
Signature…………..…………………. Date………………………… 
 
Official Rubber Stamp 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
38 
  
COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM D4 B 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 17(2) 
 
APPLICATION FOR A PERMIT TO MOVE WOOD FROM NUTS AND OIL 
CROPS TREES/RAW NUTS AND OIL CROPS  
 
PART A:  TO BE FILLED BY APPLICANT 
 
Name ………………………………………..………….…....…… ID. No…………………...…………..…… 
Plot No…………..…..…… Ward ……..….…….………Sub location…............……………...……… 
Location……………….Sub County…...……..………County……………  
Applicant Registration Status  (Tick as appropriate)  
Wood  Raw produce     
 
CATEGORY TYPE OF ITEM : (tick appropriately)                               
Wood  Raw Produce      
 
Reason or purpose of transporting ……………………………………………………………………………………………………………………
…………...……………………………………….……………………………………………………………… 
Source of produce 
 
Ward………………Sub Location………….Locatio n……………..Sub County…..………County……………  
Destination 
 
Ward……………….Sub Location………….Location… …………….Sub County…..………..County………..  
      
TO BE FILLED BY THE SUB CO UNTY AGRICULTURAL OFFICER 
Based on the information given above,  I approve/dis-approve the issue of the permit to move  
Wood   …………….……..…… Raw produce  ……………………..……..  
Fees charged*……………………………….…………………………………………………….……………… 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
39 
 (Kenya shillings one thousand per 5- ton consignment, minimum, 5 tons) 
 
County Government Agricultural Officer’s Name 
………………………………………………………………………………………….… 
Signature…………..…………………. Date………………………… 
 
Official Rubber Stamp 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
40 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM E1 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 13(2) 
 
CERTIFICATE OF REGISTRATION OF PRODUCE AND/OR PRODUCT 
DEALER 
 
Name   ………………………………………………………………………………. 
Address: ………………………………………Tel……………….………………. 
L.R. No.  ……………………………………………………………………………. 
Street: ………………………………………………………………………………. 
is hereby registered as a dealer of Nuts and Oil Cr ops produce and products under these Regulations for the 
following products:  
……………………………………………………………………………………… 
………………………………………………………………………………………. 
Category: 
Trader 
Retailer 
Transporter 
Distributor 
Marketing Agent 
 
If not please specify......................................................................................................  
Registration number ………………………………………………………… 
Date of Registration ……………………………………………………………… 
The registration expires on  ......................... 
Signed ……………………………………………………………………………… 
 
Name ………………………………………………………………………………..  
                  (CEC in charge of Agriculture) 
 
 
                                                                                                                      Official rubber stamp/seal 
 
 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
41 
 Terms and conditions 
 
 
This Certificate is issued subject to compliance with the provisions of the Crops Act 2013,  
 
In case of macadamia produce the marketing agent sha ll only sell produce to the sponsoring processor as 
indicated at the time of application. Any changes in the particulars of the sponsoring processor shall be 
notified to the Authority by the marketing agent within 14 days. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
42 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM E2 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 14(3) 
 
 
CERTIFICATE OF REGISTRATION OF GROWERS’ ASSOCIATIONS, 
COMMON INTEREST GROUPS, COMMUNI TY BASED ORGANISATIONS AND 
CO-OPERATIVE SOCIETIES 
 
Name   ………………………………………………………………………………. 
Address: ………………………………………Tel……………….………………. 
L.R. No.  ……………………………………………………………………………. 
Street: ………………………………………………………………………………. 
is hereby registered as an entity registering small holder growers under these Regulations for the following 
crops:  ……………………………………………………………………………………… 
………………………………………………………………………………………. 
………………………………………………………………………………………. 
……………………………………………………………………………………….  
Category: 
 
Association 
Common Interest Groups Community Based Organisations 
Co-operative 
If not please specify......................................................................................................  
Registration number ………………………………………………………… 
Date of Registration  ……………………………………………………………… 
The registration expires on  ......................... 
Signed  ……………………………………………………………………………… 
 
Name ………………………………………………………………………………..  
  (CEC in charge of Agriculture) 
 
 
Official rubber stamp/seal The Crops (Nuts and Oil Crops) Regulations, 2016 
 
43 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM E3 
 
 
CERTIFICATE OF REGISTRATION  OF A PLANTATION GROWER 
 
Name   ………………………………………………………………………………. 
Address: ………………………………………Tel……………….………………. 
L.R. No.  ……………………………………………………………………………. 
Street: ………………………………………………………………………………. 
is hereby registered as a PLAN TATION GROWER  under this Regulation for the following crop:  
 
C r o p        A c r e a g e   
……………………………………………… ……………………………………… 
……………………………………………… ………………………………………. 
……………………………………………… ………………………………………. 
……………………………………………… ……………………………………….  
 
Registration number ………………………………………………………… 
Date of Registration  ……………………………………………………………… 
The registration expires on   .........................  
Signed ………………………………………………………………………………  
Name ………………………………………………………………………………..  
                  (CEC in charge of Agriculture) 
 
 
Official rubber stamp/seal 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
44 
  
 
AGRICULTURE AND FOOD AUTHORITY 
(NUTS AND OIL CROPS DIRECTORATE) 
FORM E4 
Serial No.; AFA/NOCD/000 -         Regulation 15(2) 
 
PROCESSOR/EXPORTER/IMPORTER OF NUTS AND OIL CROPS PRODUCE 
AND PRODUCTS  
 
Type of License.................................................................................................. 
(Grant /renewal)  
 
License No..................................  
 
This License is issued to 
……...………………………………………………………………………….……………  
of Postal Address ..... ................. .......……......... .. and authorises the said entity to carry on the business of 
...............................................at the premise situated at ......................................for the period of 
......................................... beginning on the ............ ..day of .................20.......and ending on the  30th day of  
June 20......  (Both days inclusive) 
 
Fees paid (KES).......................................  
Issued on the ..............day of ..........20.............. ……………… 
 
 
Signed…………………………………………………………  
 
Name …………………………………………………………………………..  
 
Director, Nuts and O il Crops Directorate 
 
This License is granted subject to the provisions of the Crops Act 2013 and to the conditions below: 
 
i) This License is not transferable and is ap plicable only to the inspected premises  
ii) All importers/exporters shall pay the applicable levies  The Crops (Nuts and Oil Crops) Regulations, 2016 
 
45 
 iii) The licence issued shall be valid until 30th June next following the date of issue. 
iv) The License does not authori ze the export of raw cashew nuts and raw macadamia nuts The Crops (Nuts and Oil Crops) Regulations, 2016 
 
46 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM E5 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 16(2) 
 
PERMIT FOR CUTTING NUTS AND OIL CROP TREES 
Name of permit holder …………………………………..…………………………………………... 
 Address. ……………………………………………….……………………………………………… 
 
Type of tree crop.............................................................................................................. ...................... 
 
Number of trees to be cut …………… ……………..…………………………………… …......... ........ 
 Date of cutting/harvestin g ………………………………… …………………………………………… 
 
Village …………………… ………………………………..…… ……………………… ………………… 
 
Location…………………………………………………………………………………………………… 
 Sub county   …………………………………………………………………………………………… 
 
County ……………………………………………………………………………………………...  
L.R. No.  …………………………………………………………………………………………… 
 Date of issue. …………………………………………… 
 
Signed  
 
 ………………………………………………………   
Sub County Agricultural Officer 
 Conditions 
 
This permit is valid for only the specified number of trees applied for and the date(s) of harvesting 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
47 
 COUNTY GOVERNMENT OF…………………. 
THE CROPS (NUTS AND OILC ROPS) REGULATIONS, 2016 
 
FORM E6 
 
Serial No; County code/commodity/000(serial per licensing period)   Regulation 17(3) 
 
MOVEMENT PERMIT FOR WOOD FROM NUTS AND OIL CROP TREES /RAW NUTS AND OIL CROPS PRODUCE 
  
Name ……………………………………………………………... 
 Address  . …………………………………………………………………………… 
 
Type of wood/Type of nut/oil crop....................................  
Wood Quantity/Weight of Nuts.. ............... ............... ............... ............... ............ .......... 
 
Place of origin: 
 
Village/Area  ........ ............... ...... Location .... ................ .............. Su b-county .......... ............   
 
County…………….... 
 
Destination 
 
Village................ ............... ............... .. Location...... .............. ............. .........Sub-co unty........... ...County........ 
 
Vehicle registration number 
 
Date of movement ……………………………………………………………… 
  
Date of issue. …………………………………………… 
 Signed ………………………………………………………   
Sub County Agricultural Officer 
 
Conditions 
 
This permit is valid for only the specified quantity of wood/nut/oil crop and the date of movement  The Crops (Nuts and Oil Crops) Regulations, 2016 
 
48 
 
 
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
And 
COUNTY GOVERNMENT OF…………………. 
 
  FORM F  
  
                                                                                                                                  (Regulation 18)   
          
PRODUCE AND PRODUCT DEALER STATISTICAL RETURN FORM  
 
(To be completed in triplicate)   
Return for the Month of…………………………………… Year ………………… 
PART A 
1. Name of Dealer ………………………………………...…….……………………… 
2. Postal address:  ….…….……C ode …….…….… Town ……..……….……… 
3. Telephone No. ………………..…………………………. Fax ……..…………………… 
4. Email………………………………………… Website …….…………………………… 
5. Company registration certificate No. ……………………..………………….……….…… 
6. VAT certificate No.  ……………….……………………………..…….………..……… 
7. Location of the business (premise): 
Street/Area…………..……..…..……….. Ward.................................................. 
Sub-location ………...……………Location …………………………………...  Sub county ……..……………..………County …………………….…………. 
8. Authority Dealer license or Certificate number………………………………… 
9. License or Certificate expi ry date ………………………………………..……… 
10. Category of Dealership :.( specify)............ .............................................................. The Crops (Nuts and Oil Crops) Regulations, 2016 
 
49 
  
11. PART B (to be filled by local traders, transporters, distributors) 
Product/Produce Unit of measure 
(Specify) Quantity 
traded/handled Total value of 
produce/product 
(KES)  
    
    
    
 
PART C (To be filled by exporters/importers) 
Product/Produce Country of 
origin Country of 
Destination Unit of 
measure (Specify) Quantity 
handled during the month Total value of 
produce/product handled (KES) 
      
      
      
 
NB: 
Attach copies of KRA export/import entries and bill of lading 
 
  
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
50 
 PART D (To be filled by processors) 
 
Product/ 
Produce Unit of 
measure (Specify) Quantity handled Total value of produce/product (KES)  
Raw material Processed Raw material Processed 
      
      
      
NB: For local processors 
 
Product/ 
Produce Unit 
of 
measure (Specify) Quantity 
handled Total value of 
produce/product 
(KES)  Quantity 
exported (if 
any)  Value of export 
(KES) Export 
destination 
country 
Raw 
material Proces
sed Raw 
material Proces
sed Raw 
material Proces
sed Raw 
material Proces
sed Raw 
material Proces
sed 
            
            
            
 
NB: For large scale processors, attach copies  of KRA export entries and bill of lading 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
 
51 
  
12. Declaration :  
I solemnly declare that the information I have given above, to the best of my knowledge, is true and 
complete. Name:………..……………………………..…………...….…………………… 
Date ……………………..……………. Signature …………..…….…………………….. 
 Official Company rubber stamp 
 
13.  For official use only 
Name of officer who verified th e records …………...……………..……….……………… 
Date …………………..…………….  Signature ……………………..…………… 
 
Official  rubber stamp 
 
 
Conditions
 
 Those filling part B(Local traders, distributors, transporters and marketing agents) should file their 
returns to the respective County Governments 
 Those filling part C (importers and exporters) and D (processors) should file their returns with the 
Authority,  small scale processors should file their returns with the relevant County Government 
 All products should conform to respective national/regional standard. 
 This form, after it has been duly filled and signed, should reach the relevant offices on or before 10th 
of the month following the month for which the declaration is made 
 
 
 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
52 
  
 
 
 
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
 
FORM G  
 (Regulation 38(8)         (CONFIDENTIAL) 
 
NUTS AND OIL PRODUCE/PRODUCTS EXPORT/IMPORT RELEASE ORDER 
 
Name of Exporter/Importe r……………………………………………………………………... 
Postal Address…………………………………………………………………………. 
Contact Person and Designation………………………………………………………. 
Telephone/Mobile No/Fax……………………………………………………………... 
E-mail Address………………………………………………………………………… 
Export/Import Re gistration No…………………………………………………………… 
 
Physical 
location of 
consignment Country of 
destination / 
origin.  Type of 
product Custom 
entry no Quantity of 
product  Value of 
consignment  Levy 
applicable  
       
 
       
 
       
 
 
Please attach certified copies of the following documents for verification. 
 Commercial invoice showing (unit price, terms of payment, port and country of destination); 
 
Custom entry form; and 
 
Bank Pay in slip/advice for levy 
……………………………………………………….            …………………………. 
Signature of Exporter/Importer or Authorized Agent                            Date 
 
FOR OFFICIAL USE ONLY 
“Release”/”Stop” Authority Stamp 
Amount of levy paid……………………………………………………….. 
 
Name ……………………………………… Signature ………………… Date …………… 
For and on behalf of the Nuts and Oil Crops Directorate
  The Crops (Nuts and Oil Crops) Regulations, 2016 
53 
 SECOND SCHEDULE  
 
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
And 
COUNTY GOVERNMENT  
 
                                                                                                                                               (Regulation 20)  
 
NUTS AND OIL CROPS INDUSTRY LEVIES 
REGISTRATION AND 
PERMIT/LICENSES CATEGORIES  REGISTRATION 
FEES (KSH) RENEWAL 
FEES (KES) VALIDITY 
PERIOD 
 
REGISTRATION CERTIFICATES    
 
Nursery Operators    
Associations, Cooperative societies, 
Community Based Organizations, Common 
Interest Groups 2,000 1,000 1 year  
 
Plantation Growers  3,000 2,000 1 year 
 
Produce/Product Traders    
Traders/Retailers/Marketing 
Agents/Warehouseman 5,000 5,000 1 year 
Transporters/Distributors 3,000 3,000 1 year 
    
PERMITS    
Movement permit: 
Wood, raw nuts and oil crop produce  1,000 - For every 5 
tons, min 5 ton 
consignment  
Permit for felling tree crops 500 - Per tree 
    
LICENSES    
Processors/manufacturers    
Cottage Processors (Gross turnover of KES 
4,999,999  and below per year) and new 
applicants 
 5,000 5,000 Annual 
Established/Big Processors (Gross turnover 
of more than KES 5,000,000  per year) 25,000 25,000 Annual 
    
Importers 5,000 5,000 Annual 
Exporters 4,000 4,000 Annual The Crops (Nuts and Oil Crops) Regulations, 2016 
54 
     
LEVIES    
Export levy on raw produce, (except those 
prohibited under section 43 of Agriculture 
and Food Authority Act 2013) 2 per Kg FOB   
Export levy – Finished products 0.25% of FOB   
Import levy – Finished products 4% of CIF   
Import levy – Raw materials 2% of CIF   
 The Crops (Nuts and Oil Crops) Regulations, 2016 
55 
 THIRD SCHEDULE  
                                                     
                          
   Regulation 29(1)(a) 
 
GUIDELINES FOR CONTRACTUAL AGREEMENT BETWEEN THE GROWERS’ ASSOCIATION AND TRADER IN THE NUTS AND OIL CROPS INDUSTRY: CONTRACT FORMAT GROWERS’ 
ASSOCIATION OR TRADER’S AGREEMENT 
 
AGREEMENT made this …………………………….... Day of  ………………………….. two 
Thousand and  ……………………………………………………………………………………... 
 
BETWEEN: 
……………………………..…………....  of  ………………….…………………....  a registered GROWERS’ 
ASSOCIATION trader (Registrat ion No. …………………………..) hereinaf ter called “trader” which 
expression shall where the context so admits include its successors and assignees of the First part: 
 
AND 
…………………………………....   of  ………………………………….... a gr owers’ associatio n entity of nuts 
and Oil crops pro duce (Registration No.  …………………………………. ...) hereinafter called the “growers’ 
association” which expression shall where the context so admits include its successors and assignees) of the 
second part 
 
WHEREAS 
(a) the dealer is duly registered under these regulations and 
 
(b) the growers association has requested the trader to provide services referred to below and the 
trader has agreed to provide such services to the growers’ association upon the terms and 
conditions appearing hereinafter. 
 
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS; 
AIMS AND OBJECTIVES OF CONTRACTS 
The guidelines shall: 
(i) Act as a memorandum of understanding between the growers’ association and trader of 
..................................... produce. 
(ii) Serve as a guideline for the growers’ association and trader in order to conduct good business 
practices, which will be mutually beneficial and help promote the well-being of the nuts and oil 
crops industry in Kenya. The Crops (Nuts and Oil Crops) Regulations, 2016 
56 
 (iii) Act as guideline or framework to development of a legally binding contract to be executed by the 
growers ‘association and trader. 
 
 
 
OBLIGATIONS OF THE GROWERS’ ASSOCIATION AND TRADER 
TERMS AND CONDITIONS 
THE ESSENTIAL ELEMENTS THAT A CONTRACT SHALL HAVE INCLUDE: 
(a) Quantity and quality of produce to be supplied at a particular time and contract prices:- 
(b) Seed and other Inputs:- 
(c) General Accepted Production Practices:- 
(d) Record Keeping:- 
(e) Field support and Training:- 
(f) Harvesting and Post-Harvest Practices:- 
(g) Inspection and Grading:- 
(h) Packaging Supply and Procedures:- 
(i) Conditions of Collection or Delivery:- 
(j) Rejected Produce:- 
(k) Payment terms including maximum payment period and Mechanism:- 
(l) Penalties 
(m) Termination Clause: 
(n) Natural Calamities and No-Commercial Risks (Force majeure):- 
 
IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the day and date hereinbefore 
mentioned. 
SIGNED for and on behalf of the  
Trader       Growers’ association 
Name:  …………………………………………. Name:  …………………………………….. 
Date:  …………………………………………. Date:  ……………………………………… 
 
Witness:  ……………………………………….. Witness:  …………………………………… 
Date:  …………………………………………. Date:  ……………………………………… 
 
Witness:  ……………………  Witness:  …………………………… 
Date:  …………………………………………. Date:  ……………………………………… 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
57 
  
THIRD SCHEDULE 
 
                                                                             
Regulation 29 (1)(a) 
 
 
GUIDELINES FOR CONTRACTUAL AGREEMENT BETWEEN THE GROWER AND TRADER IN THE NUTS AND OIL CROPS INDUSTRY: CONTRACT FORMAT GROWER OR TRADER 
AGREEMENT 
 
AGREEMENT made this …………………………….... Day of  ………………………….. two 
Thousand and  ……………………………………………………………………………………... 
 
BETWEEN: 
……………………………..…………....  of  ………………….…………………....  a registered trader 
(Registration No. …………………………..) he reinafter called “t rader” which expression shall where the 
context so admits include its successors and assignees of the First part: 
 
AND 
…………………………………....   of  …………………………………....  a grower of nu ts and Oil crops 
produce (Registration No.  …………………………………....) he reinafter called the “gro wer” which expression 
shall where the context so admits include its successors and assignees) of the second part 
 WHEREAS 
(a) the dealer is duly registered under these regulations and 
 (b) the grower has requested the trader to provide services referred to below and the trader has agreed 
to provide such services to the grower upon the terms and conditions appearing hereinafter. 
 
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS; 
AIMS AND OBJECTIVES OF CONTRACTS 
The guidelines shall: 
(i) act as a memorandum of understanding between the gr ower and trader of ..................................... 
produce. 
(ii) Serve as a guideline for the grower and trader in order to conduct good business practices, which 
will be mutually beneficial and help promote the well being of the nuts and oil crops industry in 
Kenya. The Crops (Nuts and Oil Crops) Regulations, 2016 
58 
 (iii) Act as guideline or framework to development of a legally binding contract to be executed by the 
grower and trader. 
 
OBLIGATIONS OF THE GROWER AND TRADER 
 
TERMS AND CONDITIONS 
THE ESSENTIAL ELEMENTS THAT A CONTRACT SHALL HAVE INCLUDE: 
(o) Quantity and quality of produce to be supp lied at a particular time and contract 
prices:- 
(a) Seed and other Inputs:- 
(b) General Accepted Production Practices:- 
(c) Record Keeping:- 
(d) Field support and Training:- 
(e) Harvesting and Post-Harvest Practices:- 
(f) Inspection and Grading:- 
(g) Packaging Supply and Procedures:- 
(h) Conditions of Collection or Delivery:- 
(i) Rejected Produce:- 
(j) Payment terms including maximum payment period  and Mechanism:- 
(k) Penalties 
(l) Termination Clause: 
(m) Natural Calamities and No-Comm ercial Risks (Force majeure):- 
 
IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the day and date hereinbefore 
mentioned. 
SIGNED for and on behalf of the  
Trader       Grower 
Name:  …………………………………………. Name:  …………………………………….. 
Date:  …………………………………………. Date:  ……………………………………… 
 
Witness:  ……………………………………….. Witness:  …………………………………… 
Date:  …………………………………………. Date:  ……………………………………… 
 
Witness:  ……………………  Witness:  …………………………… 
Date:  …………………………………………. Date:  ……………………………………… 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
59 
  
FOURTH SCHEDULE  
 
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
 
                                                                                                                           (Reg ulation 33 (2)) 
PART A  
 
 
MINIMUM REQUIREMENTS FOR FIELD HANDLING AND GRADING OF NUTS AND OIL 
CROPS PRODUCE 
1. High standards of field hygien e shall be maintained during harvesting operations. 
2. All harvested produce SHALL be at the right  stage of maturity for intended use. 
3. Harvested produce shall be protected from adverse weather conditions  
4. Appropriate harvesting equipment shall be used for each crop. 
5. Produce unfit for marketing shall be separate d from marketable produce at the field 
level. 
6. All produce shall be sorted and graded as appropriate. 
7. Physical handling of produce shal l be minimized at all stages. 
8.  All harvested produce shall be  bulked at the growers collection centres before being 
sold to traders 
9. The collection centre shall— 
(a) be accessible to both buyers and farmers; 
(b) be designed to allow for a store, an  office, working area and an appropriate 
cooling facility where applicable; 
(c) have floors, doors, wall surfaces made  of impervious, non-toxic, washable 
materials, which are easy to clean and disinfect; 
(d) be constructed to allow for adequate  ventilation, lighti ng, effective produce 
inspection and made of acceptable materials 
(e) adequate water and  toilet facilities; 
(f) have waste disposal facilities; and 
(g) have clear documentation procedur es and document control systems. The Crops (Nuts and Oil Crops) Regulations, 2016 
60 
  
 
                                                       
  
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
 
PART B 
MINIMUM CONDITIONS APPLICABLE TO PROCESSING FACILITY 
1. All processing and packaging must be carri ed out in a clean, hygienic and safe 
conditions as set out under the provis ions of the Public Health Act, Cap. 242 and the 
Occupational Safety and Health Act , No. 15 of 2007. 
2. The working areas and premises shall be kept free of waste materials. 
3. Any person in the processing facility sh all wear protective clothing at all times 
4. All hand used equipment and grading tables  shall be rust proof and easily cleaned. 
5. The floor layout shall allow for smooth flow  of produce with adequate separation of 
raw materials and finished products 
6. The floors, doors and wall surfaces shall be  made of impervious, non- absorbent, non-
toxic washable materials which are easy to clean and disinfect. 
7. The processing facility shall have adequa te ventilation, temp erature control and 
lighting. 
8. All machinery used in the processing facility  shall conform to the provisions of  the 
Public Health Act, Cap. 242  and Occupational Safety  and Health Act, No. 15 of 
2007. 
9. The processing facility shall be designed and constructed to prevent entry of domestic 
animals, rodents, insects, birds, dust and any other unwanted animals. 
10. Prominent signs shall be displayed forbi dding smoking, eating or drinking within the 
facility. 
11. All packaging materials shall be kept off the floor in clean dry storage areas free from 
risk of contamination. 
12. The traceability of all produce shall be documented throughout the process chain. 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
61 
 
 
AGRICULTURE AND FOOD AUTHORITY 
(Nuts and Oil Crops Directorate) 
 
PART C 
MINIMUM REQUIREMENTS FOR PACKAGING, TRANSPORTATION AND 
STORAGE  
1. The packaging shall protect the produce and products from mechanical and 
physiological damages to minimize loss of quality. 
2. The packaging shall be designed to suit the transport handling system and have 
capacity to meet market requirements. 
3. The packaging material used shall be able to contain the produce and products, 
enabling the required quantity to be handled as one unit. 
4. Nuts and Oil crop produce and products sha ll during storage and transport be kept at 
the prescribed temperature and humidity  levels for each produce and product. 
5. Nuts and Oil Crop produce and products shall not be stored or transported together 
with other produce and products, which may contaminate them or otherwise adversely 
affect their quality. 
6. Vehicles for transport shall be built and equipped to ensure maintenance of optimal 
temperatures to prevent damage and spoilage of produce and products. 
7. Persons handling the produce and products must be healthy, protected and trained on 
produce and product handling. 
 
 
 
 
 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
62 
 FIFTH SCHEDULE 
 
MINIMUM LICENSING REQUIREMENTS 
 
1. Duly filled application form 
2. Copy of Certificate of Incorporat ion or Registration Certificate 
3. Copy of dully signed Articles and Memorandum of Association 
4. Copies of ID or Passports of Company Directors  
5. Copy of valid County Governme nt’s Single Business Permit 
6. Copy of KRA’s PIN Certificate for the company 
7. Copy of valid KRA’s Tax Compliance Certificate  
8. Copy of valid NEMA’s Environmental Im pact Assessment or Environmental 
Audit Certificate where applicable 
9. Copy of Public Health’s Food Drugs and Chemical Substances  License where 
applicable 
 The Crops (Nuts and Oil Crops) Regulations, 2016 
63 
  
SIXTH SCHEDULE 
 
 
SCHEDULE OF NUTS AND OIL CROPS 
 
Coconut…………………………………..   Cocos nucifera L. 
Cashew nut………………………………  Anacardium occidentale L. 
Macadamia nut……………………………  Macadamia tetraphylla (L.Johnson)  
Macadamia nut……………………………  Macadamia integrifolia (Maiden & Betche) 
Pistachio nut………………………………  Pistachio vera   L. 
Oyster nut………………………………….  Tefairia pedata (Sim exsims) Hook.F.  
Oil Palm........................................................   Elaeis guineensis Jacq.  
Ground nuts ..................................................  Arachis Hypogaea L. 
Bambara Nuts..............................................   Vigna subterranean ( L) Verdc  
Castor beans ................................................  Ricinus communis L. 
Sunflower ....................................................  Helianthus annuus L 
Rapeseed ....................................................  Brassica napus var. oleifera L 
Jojoba......................................................                Simmondsia Chinensis (link) C.K Shneid  
Saffower ..................................................   Carthamus tinctorius L. 
Sesame ......................................................  Sesamum Indicum L 
Linseed .........................................................  Linum usitatissium L. 
 
 
All others except scheduled oil crops 
 
 
 
                  Dated……………………………………………………………......….2015 
         
 
 
 
 
WILLY K. BETT,  
Cabinet Secretary Ministry of Agriculture Livestock and Fisheries .