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 Legal Notice No…………………… 
 
THE CROPS ACT, 2013 
(No. 16 of 2013) 
 
THE CROPS (HORTICULTURAL CROPS) REGULATIONS, 2016 
ARRANGEMENT OF REGULATIONS 
 
Regulation 
PART I —PRELIMINARY 
 1—Citation and commencement 
2—Interpretation 3—Purpose of regulations 
PART II—REGISTRATION, LICENSING AND QUALITY ASSURANCE 
 
4—Registration of nursery and mother blocks 
5—Conditions before registration 6—Display of certificate 
7—Certificate not transferable 
8—Restriction on transfer or dist ribution of planting materials 
9—Approved source of planting materials 
10—Certification and re-certifi cation of planting material 
11—Revocation of certifi cate of registration 
12—Nursery records 
13—Offences and penalty 
14—Production, produce handling, pack hous es and processing facilities  
15—Safe use of pesticides 
16—Registration for produce dealers 
17—Cancellation of lice nse or certificate 
18—Traceability of produce 
19—Restrictions on contract farming  
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 20—General provisions on conformity for produce 
21—Penalty 
22—Submission of returns 
23—Appointment of inspectors 24—Powers of entry by inspectors 
25—Offence and penalty 
PART III—FINANCIAL PROVISIONS 
 
 
26—Imposition of levy 
PART IV—MISCELLANEOUS PROVISIONS 
 
27—Protection from personal liability 
28—General penalty 
29—Fees 
 
SCHEDULE 
First Schedule—List of horticu ltural crops to be regulated 
Second Schedule—Form A: Application for regi stration of a crops nursery or motherblock 
—Form B: Certificate of Registration of  Horticultural Nursery or Mother block 
—Form C: Permit for the movement of planting material 
—Form D: Nursery operator statistical returns form 
Third Schedule—Minimum requirements field handling and grading of  horticultural produce 
Fourth Schedule—Minimum conditions applicab le to packhouse produ ce handling facility 
Fifth Schedule—Packaging, transportati on and storage minimum requirements 
Sixth Schedule—Form A Application for regi stration as produce or products dealer 
—Form B Certificate of registra tion of produce or product dealer 
—Form C Export/import quarterly return form 
SeventhSchedule—National Ho rticulture produce logo 
Eighth Schedule— Guidelines governing agreements  between producers and d ealers of horticultural
produce. 
Ninth Schedule—Import release order 
Tenth Schedule—Horticulture Cr ops industry levies and fees  
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 THE CROPS ACT, 2013 
(No. 16 of 2013) 
 
IN EXERCISE of the powers conferred by section 40of the Crops Act,  2013the Cabinet Secretary 
makes the following Regulations— 
 
 PART I—PRELIMINARY 
Citation and 
commencement 1. (1) These regulations may be cited as the Crops (Horticultural Crops)
Regulations, 2016 and shall come into force on such date as the Cabine t
Secretary may, by notice in the Gazette , appoint. 
 (2) For purposes of paragraph (1), different dates may be appointed fo
r
different provisions of the Regulations. 
 
Interpretation 
 2. In these regulations— 
“Authority” means the Agriculture and Food Authority established unde r
section 3 of the Agriculturea nd Food Authority Act, 2016; 
““Directorate”means the horticultural cr ops directorate established by the
Authority under section 11 of the AFA Act, 2016; 
“Cabinet Secretary” means the Cabinet Secretary for the time being
responsible for matters relati ng to agriculture and food; 
“dealer” means a person, a company or a firm engaged in producing, buying
or handling horticultural produce for sale or resale in the local or expor t
market and includes a ship chandler, an exporter, an importer,processor,
marketing agent or customs clearingagent. 
“industry” means the horticulture industry in Kenya; “mother block” means selected pl ants established for the purpose o
f
obtaining clean grafti ng or budding material; 
“rootstock” means the part of a plant which forms the root system of the
plant, and into which a scion cultivar is grafted 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 Authorit y
to supply horticultural produce to  a ship or an aircraft;  
“traceability” means ability to track horticultural produce from production to 
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 the final consumer and vice versa.; 
“County Governments” means the County Government provided for unde r
Article 176 of the constitution; “horticultural crops” means crops list ed under the first schedule that are
produced for commercial purposes; 
“licensing authority ” means the Authority of the county government as the 
case may be;  “producer ” means a person or a group of  persons who commercially
cultivates horticultural crops in Ke nya and includes both smallholder an
d
plantation producer; 
 
"inspector” means an officer of th e Authority or a County Agricultural
officer appointed in writing by the Au thority under section 27 of the Crops
Act by a notice in the Gazetteand 
“Produce handling facility” means an area where produce assembled fo r
purposes of grading, sorting, packagi ng or storage. It includes collection
centers, pack house, cold stores, supermarkets, retail and wholesale marketsand grading sheds . 
 
 
Purpose of regulations 3. The purpose of these regulations is to  give guidelines to the Horticulture
industry and providefor the—  
(a) Application,processing procedures and forms; 
(b) conditions for registration of produce dealers and horticulture
nursery operators; 
(c) contracts between produce dealers and horticulture producers; and 
(d) such other matters as may be deemed necessary for effecting these
Regulations. 
 
 
 PART II—REGISTRATION, LICENSING AND QUALITY ASSURANCE 
Registration of nursery 
and mother blocks 
 4. (1) A person shall not es tablish or operate a horti cultural crop nursery or a
mother block in any area for the horti cultural crops specified in the Firs t 
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 Schedule unless that crop nursery or moth er block is registered by the Authority.
(2) A person who intends to operate a nurse ry or a mother block for supply to the
domestic market shall make an applicati on for registration to the respective County
governmentas set out in Form A of the Second Schedule.(4) The Countyshall issue a
certificate of registration to  a successful applicant. 
(3) A person intending to operate a nurse ry or mother block for supply to the
export market shall make an application to the Authority as an exporter and will
be treated as such.  
(4)The certificate of registration for a nur sery or a mother block shall be as se t
out in Form B of the Second Schedule,  renewable annually and shall only be
applicable to the site inspected.  
Conditions before 
registration 5. (1) A person shall not be issued with a cer tificate of registra tion as a nursery or a
mother block operator unless an inspector— 
(a) has visited and inspected the site and confirmed that it complies with
the minimum requirements for a horticultural crop nursery; and 
(b) Is satisfied that the operator or  the operator’s agent has adequate
knowledge of nursery management  and horticultural techniques i n
respect of horticultural crops to be grown as set out in the horticultural
nursery requirements. 
 (2) Copies of the horticultu ral nursery requirements referred to in paragraph(1)
shall be supplied to the applicant.  
Display of certificate 6. (1) An operator of a horticultural crop nursery shall display the certificate o f
registration for inspect ion at all times. 
 (2) An operator who fails to display the certificate of registration commits anoffence. 
 
Certificate not 
transferable 7. (1) A person to whom a certificate of re gistration is issued shall not sell, lend,
transfer or otherwise dispose the certificate without the prior written permissio n
from the Authority. 
(2) A person who contravenes this  regulation commits  an offence. 
 
Restriction on transfer or 
distribution of planting 
materials 
 8. (1) A person shall not transfer or distri bute horticultural planting materials fro m
one part of the country to another un less that person has an accompanying plan t
health certificate from the Kenya Plant Health Inspectorate Service and a plan t
movement permit as set out in Form C in the Second Schedule. 
(2) A plant movement permit will be issued by the County government fro m 
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 which the planting material is origina ting in consultation with the Authority 
(3) A person who contravenes this  regulation commits  an offence. 
 
Approved source of 
planting materials 
 9. A nursery operator shall not  procure rootstock, scion, or seed planting material
from sources not approved by the Licensing Authority. 
(2) A person who contravenes this  regulation commits  an offence. 
 
Certification and re-
certification of planting 
material 
 10. A nursery operator who has certified plan ting material in their nursery which
has not been distributed during the certi fication season shall ensure that the
undistributed planting mate rial is re-certified after every six months. 
(2) A person who contravenes this  regulation commits  an offence. 
 
Revocation of certificate 
of registration 
 11. (1) The Licensing Authority may revoke a certificate of registration issued to a
nursery or a mother block operator if th at operator contravenes the provisions o f
the Crops Act or any regula tions issued thereunder. 
(2) The operator of a horticultural cr ops nursery or mother block whose
certificate of registration is revoke d under paragraph (1) may re-apply fo r
registration after a period of six months. 
 
Nursery records 
 12. (1) A nursery operator shall keep accu rate records of distributed planting
materials and shall produce these reco rds on demand for inspection purposes. 
(2) The records referred to in paragraph (1) shall indicate th e varieties purchase d
and the buyer’s— 
(a) name; 
(b) county; 
(c) location; 
(d) sub-location; and 
(e) postal address. 
(3) A nursery operator shall submit annua l statistical return sto the Authorityan d
the County governmentas outlined in the second schedule form D . 
 
Offences and penalty 
 13. A person who contravenes the provisions  of regulations6, 7, 8, 9 and 10commits
an offence and is liable, on convic tion, to a fine not exceedingfive hundre d
thousand shillings or to imprisonment to  a term not exceedingone yearor both .   
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 Production, produce 
handling, pack houses 
and processing facilities, 
transportation and 
storage facilities 
 
 
 
 
 
 
 
 
 14. Unless otherwise provided for in these regulations— 
(a) the production sites, produce tr aceability, produce handling, the
minimum conditions applicable to produce handling facilities and waste
disposal shall be done in accord ance with the national horticulture
standard applicable to  ensure food safety as set out in the thir d
schedule;  
(b) the minimum conditions applicable to produce handling and processing
facilities shall be as set out in the Fourth Schedule in addition to thoseapplicable in Kenya or as provided for in the Public Health Actan
d
Occupation, safety a nd health Act; and 
(c) The minimum conditions applicable for transportation, packaging an d
storage shall be as set ou t in the fifth schedule. 
Safe use of pesticides 
 
 
Cap 346 
 15. (1)All procurement, distribution, safe st orage, usage and disposal of agro-
chemicals shall be done in accordance with  the provisions of the Pest Control
Products Act. 
(2) A producer shall ensure production of safe and quality produce and use onl y
the agrochemical recommended by the na tional institution responsible for pes t
control productsat  all times.  
(3) A producer shall maintain all records of chemicals used and avail the records
to a horticultural inspector when required to do so.  (5) Horticultural Produce that contravene s the provisions of the Pest Control
Products Act shall be seized, detained, disposed off or destroyed by the Crops
Inspector in an appropriate manner and at the cost of the offender.  
 
(4) A person who contravenes the provisi on of the Pest Cont rol Products Act o
n
the safe use of recommended pesticides commits an offence and is liable, o n
conviction, to fine not exceeding five hundred thousand shillings or to
imprisonment to a term not exceeding one yearor both . 
 
Registration for produce 
dealers 
 
 
 
 
 
 
 
 
 
 
 
 
 16. (1)A dealer shall not handle, process,  export, or import, horticultural produce
unless that dealer is registered  or licensed by the Authority. 
(2) An application for a certificate of registration shall be  prescribed by the
Authority from time to time and shall be accompanied by the prescribed fee. (3) A certificate of registration issued unde r this regulation shall be as set out i
n
Form B of the Sixth Schedule. 
(4) A license issued under this part shall be valid from first July up to thirtieth o f 
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Cancellation of License 
or Certificates June of the calendar year unless earlier cancelled. 
(5) The Authority may revoke the certificate of registration if a person
contravenes the provisions  of theseregulations. 
(6) A person who contravenes paragraph (1) commits an offence and shall o n
conviction be liable to imprisonment for term not exceeding three years or to a
fine not exceeding five million shillings or both. 
17. (1) The Authority may, cancel, suspend or  vary the terms and conditions of a
license or certificate of re gistration if the holder fails to comply with the terms
and conditions of the license or  certificate of registration.  
        (2) A person who is aggrieved by the decision of the Authority in respect of a
grant, refusal, renewal or variation of a license may appeal to the Cabinet Secretary
within 30 days from the date on which the applicant received notice of the decision. 
          (3) Before the Authority cancels, suspends or varies a lic ense, it shall give the
person to be affected by such act ion an opportunity to be heard. 
  
Traceability of produce 
 18. (1) A dealer handling horticultural pr oduce for the domestic or export marke t
shall ensure thatthe— 
(a)  national horticulture standards out lined in KS1758 prevailing editiono n
food safety are adhered to; and 
(b) produce can be traced to the source; 
 
(2) A dealer handling horticultural produce shall not deal with agents that are
not registered by the Authority; 
(3) A person who contravenes this  regulation commits  an offence. 
 
Restrictions on contract 
farming 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 19. (1) A registered dealer shall not— 
(a) sponsor the growing of horticultural crops for trading without informing
the Authority in writing and any pr oduction schemes so sponsored shall
be regulated by a contract; 
(b) collect produce from sponsored pr oduction schemes unless authorize d
in writing to do so by the sponsoring firm; or 
 
(c) return produce collected from the farm ers or suppliers contrary to the
contract; and  
 
(d) conductcontractual relationships w ith farmers in a manner which
complies with the “principle of fair dealing”.  
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 (2) A registered dealer shall— 
(a) ensure conformity to food safety and quality standards in accordance to
national and international regulati ons and as prescribed by KS 1758
prevailing editionor any othe r recognized standards; 
 
(b) sign a contract with the producer a nd register the contract with the
Authority and county government; 
 
(c) indicate in the contract the— 
 
(i) produce price which shall be set above the cost of production as
shall be guided by the Authority; 
(ii) quantity; 
(iii) quality requirements; and 
(iv) strive to attain the highest produce quality standards and ensure
that all produce for market shall be pre-cooled; 
 
(d) ensure payment for all produce graded and collected from the collectio n
pointby their agents or employees. 
 
(e) adopt and use the specified national horticulture logo pr escribed by the
Authority on packaging as se t out in the Eighth Schedule; 
 
(f) notify the Authority of any dealer or  contracted farmer who contravenes
any contract or regulation within thirty days after the date of default; 
 
(g) establish and maintain a distinct  traceability code generated by the
national traceability syst em for  produce every; 
 
(h) furnish the Authority with quarterly import or export returns by
fifteenth of the month following the e nd of the quarter as prescribed i n
Form C of the sixth schedule; and 
 
(i) allow an inspector, at all reasonable times, to enter a premise where
horticultural produce is under culti vation, processing, warehousing,
storage, collection or transportation. 
 
 
(3) A person who contravenes this  regulation commits  an offence. 
 
General provisions on 
conformity for produce 20. (1) Horticultural produce shall be harvested, sorted, graded, packaged,
transported, and stored in accordance with guidelines set out in the 
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 specificnational, internat ional horticulture produce standards and phytosanitar y
requirements.Horticultural Produce for the local market, export, import o r
export shall conform to the national and international horticulture  standar d
where applicable. 
(ii) The County government shall in coll aboration with the Authority to
ensure that produce and products fo r the domestic market conform to
quality standards in line with the provisions of these regulations . 
(iii)The directorate shall provide th e national standards on horticulture to
the county governments who shall be responsible for enforcement o f
the standard on Produce and handling facilities at the local market. 
(iv) Horticultural Produce that does not conform to theset national an d
international standards orhas not met phytosanitary requirements an d
has been declared so by the releva nt agency, shall be dealt with as
follow— 
a. Non-compliant products due to Food safety shall be seized, 
detained and destroyed at the cost of the offender;  
b. Produce exported using forged phyt osanitary certificate, export 
certificate and any compliance cer tificate shall be destroyed upon 
interception and the company disqua lified from export dealership 
for two years and Charged in accordance with the Crops Act 2013 section 35(i); 
 
 
c. Produce established by an inspecto r to containpest and diseases 
listed as quarantine by the importing countryshall be marked not for export and escorted to the farm source at the cost of the offender; and  
d. A surcharge shall be placed on non-compliance due to erroneous 
documentation. The surcharge will be based on the value of the product. 
 
(v) The Authority shall verify imported produce quality, traceability and 
safety before being issuance of an import release set out in the ninth 
Schedule. 
All scheduled export produce shall be accomp anied by an export certificate issued 
by the Authority and a  Phytosan itary certificate issued by KEPH 
(vi) The  guidelines to govern contract sfor dealers in the Horticulture
industry are outlined in the seventh schedule. 
 
(vii) All personsintending to engage or act in the capacity of 
horticulture consultant to producer s or dealer sha llapply to the  
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 Authority for a permit prescribed by the Authority. The person shall 
have the following minimum qualifications; 
 
a. diploma in agriculture related course; 
b. certificate of good conduct; 
c. threeyears’ experience in the horticulture industry; 
d. demonstrate knowledge in Good agricultural practices 
standards, Food safety standard s and the national standard for 
horticulture; and 
e. referred by a recogni sed professional body. 
 
 
  
 
 
Penalty 
  
21. A person who contravenes the provisi ons 18,19 and 20 of theseregulations is
liable, on conviction, to a fine not exceeding Five Hundred Thousan d
shillings or to imprisonment for a period not exceeding one year or both . 
 
Submission of returns 
 22. A dealer shall maintain accurate records of transactions relating to
horticulture and shall submit quarterly returns to the Authorityas prescribe d
in the Form C of the sixth schedule. 
Appointment of 
inspectors 
 23. (1) The Authorityshall through a notice in the Gazette, appoint qualifie d
persons to be inspectors to carry out inspections of all schedule d
horticultural crops as liste d in the First Schedule. 
(2) A person appointed as an  inspector under paragrap h (1) shall not, while
being so appointed, engage in any bus iness connected with the production,
export, sale or dist ribution of horticultura l produce in Kenya. 
 
(3) Inspectors at county level shall be re sponsible to the Au thority and shall
work in close collaboration with the county executive committee membe r
for agriculture in discharging their functions. 
 
Powers of entry by 
inspectors 
 24. (1) An inspectorshall, upon availing an identific ation document from the
Authority, be allowed, at all reasonable times to— 
 
(a) enter any land or building occupied by the holder of a processing
licence issued under this Act, or a person registered under Crops Act;  
 (b) inspect and conduct enquiries to ascertain whether theseregulations o
r
the terms and conditions of the respective licence or registration are
being complied with;  
  
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 (c) require any person found in the premises to give such information as the
person may require; 
 (d) make enquiries or carry out a search to establish if these regulations are
being complied with;  
 (e) demand the production by a licence or certificate holder of the licence
for examination; 
 (f) seize and remove anything in resp ect of which the inspector has
reasonable grounds to believe that an  offence under this Act is being o
r
has been committed;  
 (g) undertake any activity necessary for the fulfilment of any of the
inspector’s functions. 
 
(2) The owner or occupier of or any pers on on land or in premises or a vehicle
which is entered under paragraph (1) shal l render such reasonable assistance as
may be required by the inspector.   
Offence and penalty 
 25. (1) A person who refuses, unreasonabl y delays or fails to comply with a
requirement under regulation 24 or  hinders or obstructs any
personexercising or attempting to exer cise any of the powers conferred by
this regulations, or who fails to gi ve any information reasonably require d
commits an offence and is liable, on conviction, to a fine not exceeding two
million shillings, or to imprisonment for a term not exceeding three years, o r
both.   
(2) If a person is convicted of an offe nce under this section, the court shall orde
r
that any scheduled crop and any vehicle, vessel or othe r conveyance in relatio n
to which an offence has been committed shall be forfeited to the Government
unless, in the case of a vehicle, vessel  or other conveyance, the court sees goo d
reason, to be recorded by it in writing, not to do so. 
 
 PARTIII—FINANCIAL PROVISIONS 
 
Imposition of levy 
 26. (1) There shall be a levy based on F.O.B valueimposed as per the Seventh
Schedule on all horticultura l crops destined for expor t other than those canned,
bottled, preserved, dehydrated or delivered  to operators for canning and processing
factories at the rate of two pe r cent of their customs value. 
(2) The levy imposed under paragraph (1) shall be— 
(a) payable at the point of exit; and 
(b) collected by the Directorate on behalf of the Authority.  
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 (c) apportioned as follows; 
(i) 1 percent shall be applied to the Horticulture Authority in the
manner provided under these regulations; 
(ii) 0.75percent towards priority Hortic ulture research programs in
liaison with relevant research institutions; and 
(iii)0.25percent to support horticu lture at the county level. 
(3) There shall be a levy impos ed on all horticultural crops— 
(a) Imported as finished products at the rate of four percent of the import
value;  andimported as finished products  at the rate of four percent of the
import value and 
(b) as fresh products or raw materials at  a rate of two percent of the impor t
value.(5) One per cent of the import levies collectedunde r paragraph (3a)
and paragraph(3b) of this regulation shall be applied towards addressing
emerging issues in the industry. 
(4)The levy due under paragraph 3 shall be remitted to the Authority not late r
than the tenth day of the month follo wing the month during which the levy was
due. 
(5)One per cent of the import levies  collected under paragraph 3 of this
regulation shall be applied towards addr essing emerging issues in the industry. 
(6) Any levy under this regulation, unless the manner of remitting is specifically
provided for, shall be payable to the Authorityon behalf of the Authority or itsagents by a dealer on whom it is imposed in such a manner a nd within such time
as the Authority may direct. 
(7) Any levy imposed under this regulation which remains unpaid shall be
recovered by the Authority, as a civil de
bt due to it from the person by whom it
is payable. 
(8) Despite the provisions of  paragraph (1), all levi es imposed under the Act o n
scheduled crops, shall be administered  on behalf of the Authority by the
respective Directorate, responsible for the scheduled crop and applied towards
the— 
(a) sustenance; 
(b) development; 
(c) regulatory work 
(d) promotion; and 
(e) for the benefit of the crop or sector in respect of which the levies are
imposed.  
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 PART IV—MISCELLANEOUS PROVISIONS 
 
Protection from personal 
liability 27. An action shall not lie against the Author ityor any of its officers or other persons
appointed or authorized to perform any function under these regulations in respec t
of anything done or omitted to be done by them in good faith in the exercise of o r
performance of any power, authority or duty conferred or imposed by them unde r
these regulations. 
 
General penalty 
 28. A person who contravenes the provisi ons of theseregulations for which no
specific penalty is provided for, commits an offence and is liable, on conviction, to
a fine not exceeding five hundred thousand shillings or to imprisonment for a ter m
not exceeding one year or both. 
Fees 29. (1) The Authoritymay prescribe fees for— 
(a) the receipt and processing of applications; (b) the issuance of a li cence or certificate; or 
(c) any other matter arisi ng under these regulations.
 
(2) The applicable fees for services rendered under these regulations areas se t
out in the Seventh Schedule.  
30. (1) The Directorate shall provide capacity building to county government
officers and other stakeholders on—30. The Directorate shall provide capacity
building to county government offi cers and other stakeholders on— 
(a) new technologies acro ss the value chain; 
(b) agricultural policies, national legislations,regional and international
protocols to facilitate alignment of  county bills and le gislation in the
sector;  
(c) national food safety and quality standards in production, post-harves t
handling, transportation, storage and processing; 
(d) guidelines on contractual agreemen ts and fair pricing for farmers 
(e) data collection, validation, proces sing, storage and management;  
(f) horticultural infrastructure development; and 
(g) other relevant emerging issues 
(2)The Directorate shall in liaison w ith the County Governments shall set the
research priorities and establish linkages with international a nd regional researc h
organizations.  
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 FIRST SCHEDULE   (r4) 
             
      
AGRICULTURE AND FOOD AUTHORITY 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
List of Horticultural Crops  
 
Common Name      Botanical Name  
A. FRUIT TREES 
Apple………………………………………. Pyrusmalus L . 
Pear………………………………………… Pyruscommunis L . 
Peach………………………………………. Prunuspersica L .  
Nectarine………………………………….. Prunus sp. L.   
Quince……………………………………. Cydoniaoblonga  
Plum………………………………………. Prunussalicina L  
Plum……………………………………….. Prunusdomestica L . 
Apricot…………………………………….. Prunusarmeniaca 
Citrus……………………………………… All citrus species  
Avocado ………………………………  Persea spp  
Pawpaw…………………………………… Carica papaya  
Mountain Pawpaw………………………… Caricacandanacensis  
Guava…………………………………….. Psidiumguajava  
Mango……………………………………. Mangiferaindica  
Loquat……………………………………. Eriobotryacaponica  
White sapote……………………………… Casimiroaedulis  
Litchi……………………………………… Litchi chinensis  
Litchi……………………………………… Nephelium litchi 
Sweet Orange …………………………….  Citrus Sinensis 
Sour Orange……………………………… Cirtusaurantium  
Satsuma/King orange ……………………. Citrus nobilis 
Lemon……………………………………. Citrus limon  
Lime ……………………………………… Citrus aurantifolia 
Mandarin/Tangerine  ……………………….. Citrus reticulate 
Grape fruit ……………………………… Citrus paradise 
Colamondin ……………………………. Citrus mitis 
Citrus …………………………………….. All other citrus species 
Chinese pear ……………………………… Pyrusprunifolia 
Passion fruits (purple)………………………   Passifloraedulis 
Passion fruit (yellow)……………………… Passifloraedulisvarflavicarpa 
Passion fruit (giant)………………………… Passifloraquadrangularis 
Passion fruit (banana)……………………… Passifloramollisima  
Bananas and plantains…………………….. Musa sp  
Strawberries………………………………. Fragariavesca 
Strawberries  …………………………………… Fragariachiloensis  
Sweet granadilla…………………………… Passifloraligularis  
Giant granadilla…………………………… Passifloraquadrangularis  
Pomagranate ……………………………….. Punicagranatum  
Cape Gooseberry…………………………. Physalisperuviana   
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 Pineapple…………………………………… Ananascomosus  
Mulberries………………………………… Morus sp . 
Berries……………………………………. Rubus sp . 
Date palm………………………………… Phoenix dactylifera  
Custard apple…………………………….. Annona sp . 
Goose berries ……………………………. Other species eg Act chinensis, Dovyalisheb.  
Melons…………………………………… Cucumismelo  
Water melon ……………………………. Citrullus lanatus 
Grapes……………………………………. Vitissp  
Jackfruit…………………………………. Artocarpusheterophyllus 
Bread fruit……………………………….. Artocarpusaltilis 
Cherimoya………………………………. Annonacherimola 
Sweetsop (Sugar apple)…………………. Annonasquamosa 
Carambola………………………………. Averrhoacarambola 
Any other fruits of economic value 
 
 
C. MEDICINAL AND AROMATIC PLANTS 
Artemesia…………………………………. Artemesiaannua 
Aloe……………………………………….. Aloe vera 
Salvia……………………………………… Salvia solarea  
All other medicinal and aromatic plants of commercial value 
 D. VEGETABLES 
Amaranth ……………………………..  Amaranthus spp.  
Artichoke ……………………………..  Cynaracardunculus var. scolymus  
Asparagus……………………………   Asparagus officinalis  
Sugar beet……………………………   Beta vulgaris  
Broccoli/cauliflower …………………   Brassica oleracea var. botrytis  
Brussels sprouts ……………………...  Brassica oleracea var. gemnifera  
Cabbage……………………………….   Brassica oleracea .var. capitata 
Canteloupe/ Muskmelon……………………..  Cucumismelo  
Carrot………………………………………..   Daucuscarota  
Celery / Celeriac……………………………  Apiumgraveolens  
Chicory ……………………………………..  Cichoriumintybus  
Chinese cabbage……………………………..  Brassica chinensis  
Chervil……………………………………….  Anthricuscerefolium  
Collards / Kale . …………………………  Brassica oleraceavarancephala  
Coriander……………………………………  Coriandrumsativa  
Cucumber…………………………………….  Cucumissativa 
Dill……………………………………………    Arethumgraveolens 
Eggplants………………………………………   Solanummelongena  
Endive…………………………………………   Cichoriumendivia  
Garden cress …………………………………..   Lespidiumsativa  
Karella…………………………………………   Mormodicacharantia  
Kohlrabi ……………………………………….   Brassica oleracea var. gongylodes  
Leek……………………………………………   Allium porrum  
Lettuce…………………………………………   Lactucasativa  
Okra……………………………………………  Hibiscus esculentus  
Onion/ garlic…………………………………… Allium cepa  
Parsley…………………………………………  Petroselinumcrispum   
19 | Page  
 Parsnip…………………………………………  Pastinacasativa  
Pea …………………………………………….  Pisumsativum  
Pepper………………………………………….  Capsicum spp.  
Pumpkin/Squash/Courgette……………………  Cucurbitapepo  
Radish …………………………………………  Raphanussativus  
Rhubarb………………………………………..   Rheum rhaponticum  
Rutabaga ………………………………………   Brassica napus var. napobrassica  
Spinach ………………………………………..  Spinaceaoleracea  
Swiss chard……………………………………   Beta vulgaris  
Tomato…………………………………. …….  Solanumlycopersicon  
Turnip………………………………………….  Brassica rapa  
Chillies (green)…………………………. Capsicum frutescens  
Chillies (dried)………………………….. Capsicumfrutescens 
Pumpkins………………………………… Cucurbita sp . 
Cowpeas (leafy) chora………………….. Vignaunguiculata  
Cluster bean (green)……………………... C yamopsistetragonoloba  
Dioscorea ……………………………….. Dioscorea sp . 
Dudhi (kaddu)…………………………… Lagenariasiceraria  
Globe artichoke…………………………. Cynaracardunculus var. scolymus  
Horseradish……………………………… A rmoraciarusticania  
Artichokes……………………………….. Helianthus tuberosus  
Loofah…………………………………… Luffacylindrica  
Mushroom………………………………. Agaricusbisporus  
New Zealand spinach…………………… Tetragoniaexpansa  
Green maize…………………………….. Zea mays  
Beet……………………………………… Beta vulgaris  
Rutabaga…………………………………      Brassica napobrassica 
Watercress……………………………… Nasturtium officinale 
French beans .............. …………………… Phaseolus valgaris 
Snow peas ................................................ Pisium sativum var.saccharatum 
Garden pea ..............................................   Pisium sativum 
Runner bean ...........................................    Phaseolus coccineus 
Sugar snaps ............................................  Pisium sativum               
 
Any other vegetables of economic value 
 
E. FLOWERS AND ORNAMENTAL PLANTS All flowers and ornamental plants. 
  
20 | Page  
 SECOND SCHEDULE (r4(2))  
 
FORM A  
 
SERIAL NUMBER (AFA/HORTICULTURE/COU NTY NAME/000/ YEAR OF APPLICATION) 
    
             
AGRICULTUREAND FOOD AUTHORITY/ COUNTY GOVERNMENT 
OF...................................................................................................... 
THE CROPS (HORTICLTURE CR OPS) REGULATIONS, 2016 
 
APPLICATION FOR REGISTRATION 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………………………………SubCounty…………………………………………  
5. Constituency  …………………………………………………… Ward   ……………. Sub-Ward  
………  
6. L.R. No.  …………………………………………………Altitude 
………………………………………………….  
7. Water source: Rivers/Dam/Bore holes, others (specify)  …………………………………..  
8. Type of material  applied for to be produced:  
Crop/variety    No. of Seedlings   Source of Seed 
…………………….   ………………………..  ……………………… 
…………………….   ………………………..  ………………………  I confirm that I shall abide by th e regulations and ensure that al l seed material for planting has 
been inspected and approved by County inspectors. Applicant’s signature   …………………………………………………Date…………………………………………  
PART II  
FOR OFFICIAL USE  
Inspector Remarks  
………………………………………………………………………………………………… 
…………………………………………………………………………………………… ….          
Recommended /Not recommended 
Crop Inspector name .……………………………………Signature………………………...  
21 | Page  
 Date………..…  
 
 
Approved/Not Approved  by:Co unty Executive Committee in charge of Agriculture 
 Name …………………………………Signature….………….…………Date ……...…  
CONDITIONS 
1. Application for registration should be sent to the County where the 
nursery/motherblock is located 
2. This form shall be accompanied by the prescribed fees and submitted to the 
County government. 
3. The application shall reach the Authority within 15 days of approval by the 
county government. 
 
 
  
 
  
 
  
 
  
 
  
 
   
 
   
22 | Page  
 FORM B     (r4(4)) 
 
SERIAL NUMBER (AFA/HORTICU LTURE/COUNTY NAME/000/ YEAR OF 
REGISTRATION)  
 
AGRICULTURE AND FOOD AUTHORITY/ COUNTY GOVERNMENT 
OF...................................................................................................... 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
  
CERTIFICATE OF REGISTRATION OF HORTICULTURAL NURSERY/MOTHER 
BLOCK 
 
Name of certificate holder…………………………………………………………….................. 
P. O. Box  .……………………………………………………………………………................ of  Is/are registered to operate an Horticultural nursery for the year  ……………………………………. Located at   ……………………………………. Sub-location …………………………………… LR No ………………………………………………………………………………….................. The following planting materials will be produced  Types     number of planting stock ……………..….…………………………………………………………………………................. ……………..….…………………………………………………………………………................. Registration No.  ………………………………… Signed..………………………………………… Date:….…………………… 
    (County Executive Committee member in charge of Agriculture)       County Government of…………………….. 
 
Conditions 
1. This certificate is valid for 1 year from date of issue 
2. This certificate is not transferable to any other person, or nursery site 
3. All seed must be from approved source 
4. No sale of planting material before final visual inspection and approval by KEPHIS. 
5. All approved planting materials which are not distributed during the approved season will be 
subject to re-certification and approval  before distribution after 6 months. 
6. The application for registration should be sent to the County where the nursery/motherblock is 
located soas to reach at least 3 months before expiry date. 
7. Tolerance levels of virus diseases incidence in the nursery is 0.5% of total number of plants. 
8. All certified materials which can’t be sold du ring the certification season will be subjected to 
certification after (6) six months. 
 
 
  
23 | Page  
 FORM C                                                  (r8(1)) 
 SERIAL NUMBER (AFA/HORTICULTURE/C OUNTY NAME/000/ YEAR OF ISSUE) 
AGRICULTURE AND FOOD AUTHORITY/ COUNTY GOVERNMENT 
OF...................................................................................................... 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
PERMIT FOR THE MOVEMENT OF PLANTING MATERIAL 
Name of permit holder……………………………………………………………... 
Address  . …………………………………………………………………………… Vehicle Registration No. …………………………………………………………… Quantity to be moved (specify types and names) ……………..….…………………………………………………………………………................. ……………..….…………………………………………………………………………................. ……………..….…………………………………………………………………………................. Date of Movement  …………………………………………………………………................. To be moved from County……………………………………………………………Sub-county  …………………………………………………………………………………………… Ward  …………………………………………………………………………………………... L.R. No.  …………………………………………………………………………………………… Nursery name……………………………………………………Registration No.  To be moved to County……………………………………….. Name of person receiving the material……………………………………… 
Telephone number……………………………………………….. 
 Recommended by (Horticulture Directorate Official)................................................... 
 Sign................................................................. Date..................................................... ................. 
 Approved by; County Executive Committee member-Agriculture ………………………………………………………          Date:.…………………………………………………………………………..  Official County stamp  
NB   
 
This duly filled and signed form should be accompani ed by a Plant health certificate from Kenya 
Plant Health Inspectorate Service and should reach the County 5 days before the intended 
movement of the planting material.  
This permit is valid for only the specified consignment and date of movement  
24 | Page  
 FORM D     (r12(3)) 
             SERIAL NUMBER (AFA/HORTICUL TURE/COUNTY NAME/000/YEAR)   
AGRICULTURE AND FOOD AUT HORITY/COUNTY GOVERNMENT 
OF…………………………………… …………………………………….. 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
NURSERY OPERATOR STATISTICAL RETURNS FORM  
(To be completed in triplicate) 
1. Name of the Nursery operator ……………………………………...…….…………….. 
2. ID No/ VAT Certificate N o. ……………PIN Certificate No. …………………………. 
3. Telephone/ Mobile number …..……… .. P.O. Box ….……Nearest Town…………… . 
4. Location of the nursery: 
Area/Village ………..……....………….. Sub-location ………….………...……………….. Ward …………..……………….. Sub county …………County…………………… 
5. Month ………………………..…………… Year 
……………….……..…………..………… 
6. Period of returns .......................................................................................... 
7. Declaration :  
Crop Variety Number of seedlings 
raised within the period Number of 
seedlings issued/sold,/ 
distributed Balance of 
seedlings Average price of a seedling over 
the period 
(KES) 
      
I solemnly declare that the information I have  given above, to the best of my knowledge, is 
true and complete. Name of the Nursery Operator ………..……………………Date ……………………..… Signature …………..… 
8.  For official use only: 
Name of the officer who verified the records …………...………..…….…………………….. 
Date …………………..…………….  Signature …………………………………..  
25 | Page  
 Official County governmentRubber stamp 
 
 
 
NB This form must be filled and submitted to the Authority and county government , not later 
than the fifteenth day of January and fifteenth day of July of every year  
  
26 | Page  
 THIRD SCHEDULE    (r20) 
 
AGRICULTUREAND FOOD AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
MINIMUM REQUIREMENTSFOR FIELD HANDLING AND GRADING OF 
HORTICULTURAL PRODUCE 
1. High standards of field hygiene shall be maintained during harvesting operations. 
 2. All harvested produce SHALL be at the righ t stage of maturity for intended use. 
 3. Produce shall be harvested during the cool part  of the day and kept cool preferably under 
shade.  4. Harvested produce shall be protected fr om adverse weather conditions and where 
necessary pre-cooled and a cold chain maintained. 
 5. Appropriate harvesting equipment shall be used for each crop.  6. Produce unfit for marketing shall be separated from marketable produce at the field level. 
 7. All produce shall be sorted and graded as appropriate.  8. Physical handling of produce shal l be minimized at all stages. 
 9. A collection shed shall be constructe d for receiving produce at field level. 
 10. The collection shed shall—  (a) be accessible to both buyers and farmers; (b) be designed to allow for a store, an o ffice, working area and an appropriate cooling 
facility; (c) have floors, doors, wall surfaces made of  impervious, nontoxic, washable materials, 
which are easy to clean and disinfect; (d) be constructed to allow for adequate ve ntilation, lighting, effec tive produce inspection 
and made of acceptable materials; (e) have potable water and ad equate toilet facilities; 
(f) have waste disposal facilities;  
(g) have clear documentation procedures  and document control systems; And 
(h) traceability details of all produce collected 
  
27 | Page  
 FOURTHSCHEDULE   (r14(b))  
AGRICULTUREAND FOOD AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
MINIMUM CONDITIONS APPLICABLE TO PACKHOUSE PRODUCE HANDLING 
FACILITY 
1. All processing and packaging must be carried out in a clean, hygienic and safe conditions 
as set out under the provisions  of the Public Health Act,  and the Occupational Safety and 
Health Act , . 
2. The working areas and premises sha ll be kept free of waste materials. 
3. Any person in the produce handling facility shall 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 adeq uate 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 produce handling facility  shall have adequate ventila tion, temperature control and 
lighting. 8. All machinery used in the produce handling f acility shall conform to the provisions of 
Occupational Safety and Health Act. 9. The produce handling f acility shall be designed and co nstructed to prevent entry of 
domestic animals, rodents, insects, bird s, 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 clea n dry storage areas free from 
risk of contamination. 12. All produce shall move thr ough the facility ope ration in the order that it is received, 
First in First out 13. The traceability of all produce shall be  documented throughout the process chain. 
     
28 | Page  
 FIFTH SCHEDULE     ( r 2 0 )  
          
              
AGRICULTURE FOOD AND FISHERIES AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
PACKAGING, TRANSPORTATION AND ST ORAGE MINIMUM REQUIREMENTS 
1. The packaging shall protect the produce from  mechanical and physiological damages to 
minimize loss of quality.  2. The packaging shall be designed to suit the tr ansport handling system and have capacity to 
meet market requirements.  3. The packaging material used shall be able  to contain the produce,  enabling the required 
quantity to be handled as one unit without collapsing.  4. Horticultural produce sha ll during storage and transport be ke pt at the prescribed temperature 
and humidity levels for each produce.  5. Horticultural produce and products  shall not be stored or tran sported together with other 
produce, which may contaminate them or ot herwise adversely affect their quality. 
 6. Vehicles for transport shall be built and equipped to ensure maintenance of optimal 
temperatures to prevent dama ge and spoilage of produce. 
 
7. Persons handling the produce must be healthy,  protected and trained on produce handling. 
  
29 | Page  
 SIXTH SCHEDULE   (r16) 
FORM A 
SERIAL NUMBER (AFA/HORTICULTURE /000/ YEAR OF APPLICATION) 
 
AGRICULTURE FOOD AND FISHERIES AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
APPLICATION FOR REGISTRATION AS HORTICULTURE PRODUCE OR 
PRODUCTS DEALER 
(To be filled in triplicate)  
10. Full name of Applicant …………………………………….…………….………….……..…....…….…..……… 
Postal Address……………………………..………..... ..................... ................... ................... ................... .............   
11. Registered Office………………………………………………………….….……….….…………………....…. 
L. R. No. ……………….…….……..….………   Street ……..………….......…………………….……...… Tel. No. ……….…………....….….………...….   Fax No .  …..................….. .....…..…....……………….... 
       E-mail  …………..…….……....….……...….. .     Website  …………………..……………...…...….…….. 
12. Place where the premise is located: 
       Village/area……..….………..….…...……..  Ward……………………….……….….…….....….……    
Sub-County…...…………………………..…  County………………..…..…..……..……….…………… 
13. VAT Registration No / ID. No. ………….…………………… PIN ………….……….……………..…..……... 
14. Year of Incorporation of  Company ……..……….…and Regist ration No. …………………….………...……… 
(Attach copies of, company incorporation certificate ID of Directors and current Single Business Permit) 
15. Type of dealership e.g. Exporter/Importer/ Processor /Transporter/Buyer/ clearing agent etc. 
(specify) ………………………..………………………….………….………………………..………………….   
16. Types of Produce/ Products for th e market …….………..….…………….…..………………..………………… 
17. Sources of supply for Produce 
…………………………....………..………..…….……………...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. 
18. List of buyers for produce (Attach contractual agreements if outsourcing) 
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..  
30 | Page  
 I hereby declare that the particular s which I have given are true a nd accurate to the best of my 
knowledge and belief. 
19. Applicant Signature………………………….……….          Date ………………….…………...…………….… 
FOR OFFICIAL USE  
 Checked by: 
Officer Name………………..…..………. Signature……………………..... Date …………….…….… 
Approved by: 
 Director’s Name …………………………………Sig nature….………….…………Date ………………...… 
CONDITIONS 
1. Consideration of this applica tion will be conditional on the ap plicant satisfying the Authority 
that the Applicant is capable of complying w ith national and Internat ional Standards and any 
other legal requirements. 
2. The dealer shall produce such documentary evid ence as requested to support the statements 
made above. 
3. Dealers in export shall produce a valid contractual agreement in the prescribed form between 
themselves and the entities from which they s ource their produce and also the entities to 
which they sell their produce. 
4. A dealer shall pay all dues to  the Authority before his application can be considered. 
5. The Authority has the right to approve or reject this application.  In cas e of rejection reasons 
will be given and the applicant can reapply. 
    
 
   
31 | Page  
 FORM B    (r16(3)) 
 
SERIAL NUMBER (AFA/HORTICULTURE/ /000/ YEAR OF APPLICATION)  
AGRICULTURE AND FOODAUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016  
CERTIFICATE OF REGISTRATION OF  PRODUCE OR PR ODUCT DEALER 
 
Name   ……………………… ………………………………………………………. 
Type of dealersh ip………………………………………………………………..;; 
Address: ……………………………… ………Tel……………….………………. 
L.R. No.  …………………… ………………………………………………………. 
Street: ……………………… ………………………………………………………. 
is hereby registered as a dealer of  horticulture produce/products under this 
Regulation for the following products:  
 …………………………………………………… ………………………………… 
…………………………………………………… …………………………………. 
…………………………………………………… …………………………………. 
…………………………………………………… …………………………………. 
The registration expi res on………………………………………………………… 
Date of Registra tion……………………………… ……………………………… 
 Signed………………………………… …………………………………………… 
Name ………………………………… ……………………………………………..  
                  (Direc tor, Horticultural Crops Directorate) 
 
Official Horticultural Crops Directorate Rubber stamp 
CONDITIONS 
1. Any changes to the source of produce and list of buyers submitted to the Authority by the 
dealer shall be notified in advan ce to the Authority in writing. 
2. This certificate is not transferable. 
3. The License may be revoked, susp ended or altered in circumst ances outlined in Crops Act 
para 23 
 
        
32 | Page  
 FORM C (r. 19 (2g)) 
 
SERIAL NUMBER (AFA/HORTICULTURE /000/ YEAR OF APPLICATION)  
THE AGRICULTURE AND FOOD AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
QUARTERLY RETURNS ON IMPORT/E XPORT OF HORTICULTURAL CROPS 
PRODUCE AND PRODUCTS 
 (To be filled in triplicate) Name/Business name of importer/expor ter as appearing on the registration 
certificate………………………………………… License No……………………………………………………………… Postal address……………………………………..Code:……………………… Tel…………………………………… Email………………………………………………  Contact person …………………………………………   Returns for the period ……………………………………………………………….  
 
Name of  
crop produce or product Quantity 
(Kilograms) Imported/exported Customs 
Value (KES) (F.O.B) Country of 
origin/destination country Point of 
entry/exit Remarks 
      
      
      
      
      
 
I hereby declare that the particulars which I have  given are true and accurate to the best of 
my knowledge and belief.   Applicant’s Signature………………………….……….      Date ………………….…………..  Official stamp/seal  
33 | Page  
 SEVENTH SCHEDULE (r 19(1d))  
             
  
AGRICULTURE AND FOOD AUTHORITY 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
NATIONAL HORTICULTURE PRODUCE LOGO 
 
 
     
 
       
 
 
  
2.5 cm Radius  
2.4 cm Green (0-010) Red (Post office 
red 0-006) Red (Post office red 
0-006 ) 
3.4 cm  
0.4cm 0.8cm 1.2cm 1.5cm 2.1cm 
1.9cm 2.6 cm 2.8cm  
34 | Page  
  
EIGHTH SCHEDULE   (r20(3))  
FORM A 
               
AGRICULTURE FISHERIES AND FOOD AUTHORITY 
 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
 
GUIDELINES GOVERNING AGREEMENTS BETWEEN PRODUCERS AND DEALERS OF HORTI CULTURAL PRODUCE 
 
The guidelines shall: 
i) Act as a memorandum of understanding be tween the producer and dealer of fresh 
horticultural produce. 
 
ii) Serve as a guideline for the producer and d ealer in order to conduc t good business practices, 
which will be mutually beneficial, and help promote the well-being of the horticultural 
industry in Kenya. 
 
iii) Act as a guideline or framework to developm ent of a legally binding contract to be 
executed by the producer and dealer. 
 
OBLIGATIONS OF THE PRODUCER AND DEALER 
 
a) The producer  shall  
 i) Be organized into well-managed  group or registered legal entities. 
  ii) Relate to specific dealers only under a cont ract as specified in this Order. Producers 
dealing with different dealers sh all clearly designate blocks  
  iii) Request for training on any aspect that deals with quality cont rol as need arises 
 b) The dealer shall: 
 i) Relate to specific producer entities unde r a contract as specified in this Order 
 ii) Provide the necessa ry extension services  to the producer(s). 
iv) Relate directly with the producer. 
v) Not engage sub-dealers  
35 | Page  
 vi) Establish means and ways of fina ncing the producer where necessary 
vii) The dealer should be a member in a duly registered industry association 
viii) Submit agreement between the exporter to the directorate or relevant county 
government for verification and witnessing before execution 
ix) The marketing agent shall be respons ible for traceability of the product 
x) Relate to a specific exporter/dealer/buyer for specific crops 
 c) All parties in the contract shall 
i) Undertake to conduct their business diligen tly and professionally at all times. 
ii) Submit agreement to the directorate or county government for verification and 
witnessing before execution 
iii) Seek for mediation from the dir ectorate or court of law in the event that there is breach 
of the contract   
iv) Ensure that the contract is adhered to 
 
 e) Obligations of the regulator in co llaboration with County government 
 The regulator shall: 
i. Provide specialized advisory services to  the producers, marketing agents and 
exporters 
ii. Arbitrate on disputes aris ing from the contracts 
iii. Enforce the agreements/contracts 
iv. Maintain a database of registered agents for reference 
v. Enforcement of the relevant laws, codes of practice 
vi. Implement sampling and testing plan to check on compliance to industry 
requirements  
vii. Provide a service charter to the marketing agent  
viii. Undertake field surveillance to ensure adherence to the code 
 
 
ESSENTIAL ELEMENTS OF THE CONTRACT  
 
The contract shall include spec ific terms and conditions for production, handling and collection 
of produce, payment, and any othe r essential elements, which will  create a clear understanding of 
obligations of both the producer, the marketing agent and the exporter. 
 
The elements include: 
 
a) Quantity and quality of produce to be supplie d at a particular time and contract price  
 
 i) The contract shall specify the quantity  in either boxes/cartons/c rates or kilos to be 
supplied by the producer(s) over a period of time.  
36 | Page  
  
 ii) Contract should specify a minimum quantity  of produce to be supplied by the 
contracted produce source.  (i.e. quantity below which no collection will be effected.)  
 b) Seed and other Inputs  
 i) The contract shall specify who is responsible for inputs,  including labour. 
  ii) If the producer requires th e use of certified seeds/planti ng materials by the dealer, it 
shall be specified in the contract. The s eed shall be of good quality and germination 
percentage as guided by the label. 
 
 iii) Contract shall address which party will be responsible for supp lying and applying other 
inputs such as ferti lizer and pesticides. 
 
iv)  The dealer shall ensure that all procur ement, distribution, safe storage, usage and 
disposal of agro-chemicals for the producer(s) sh all be in accordance w ith the provisions of 
the Pest Control Products Act. 
v) The dealer shall ensure production of safe  and quality produce and ensure sustainable 
management of pest at all times.  
vi) The dealer shall ensure that a producer ma intains all records of ch emicals used and avail 
the records to the horticultural inspectors at all times. 
 
d) Terms and conditions for purchase or sale of inputs must be included within the 
contract. 
 
c) Generally Accepted Production Practices  
 All parties shall commit to implement G ood Agricultural Practices and procedures. 
 
d) Record Keeping and traceability  
 i) Each producer and dealer shall implement a complete record keeping and traceability 
system for production and handling of produce. 
        ii) Minimum record keeping requir ements for traceability and pest management 
accountability shall    include: 
  - Identification of previous crop.   - Type of seed used and treatment given.  
37 | Page  
   - Date of planting. 
 Scouting records  
 Pest product used 
  - Application of pest control pr oducts; date, rate, weather conditions. 
  - Irrigation date s and quantities. 
  - Harvesting: dates and weather conditions. 
 e) Field Support and Training  
  
(a) Every dealer shall provide contracted  producer with su fficient training, 
 during the contract period on: 
  
  - Group management and administration.   - Good Agricultural Practices 
 
f) Harvesting and Post-Harvest Practices 
 (i) Dealer shall agree to undertake accepta ble management practices for harvesting and 
handling of produce, which will  ensure high quality levels. 
  (ii) These practices include: 
  - Use of clean containers during field handling of produce. 
   - Protection of produce from heat and direct sunlight. 
 
  - Maintenance of hygienic conditions.  
  - Use of clean water for washing of produce where necessary. 
 g) Inspection and Grading 
  Dealer and producer shall agree and specify  responsibilities for inspection and grading 
of produce, type of document to be execute d upon collection/delivery of produce, agree 
at what stage goods change title  and obligations of each party. 
 
h) Packaging Supply and Procedures 
 i) Contract shall specify which party is  obligated to supply packaging materials. 
 
ii) Packaging procedures such as condition a nd quantity of produce, grade and type  
  of produce, placement within a container.  
38 | Page  
  
i) Conditions of Collection and/ or Delivery 
  
 i)  The contract shall specify the collecti on periods of produce (time and year). 
 
 ii)  Specify conditions for the events of non-collection. 
 
iii) If dealer fails to collect at specified time, he sha ll be obliged to pay the contracted price 
for that produce. 
iv) Specify collection times and penalties incase of default of either party. 
v) Agree on tolerance levels (%) on shortages and excesses. 
 
j)  Dealings with third parties  
 i) Both producer and dealer shall not engage in any transactions with  other individuals or 
intermediaries involving the contracted produce. 
  ii) The produce under contract should only be sold to the dealer of the produce. 
 
k) Rejected Produce 
 i) Point of rejection of produce sh all be specified upon in the contract. 
 
 ii) Conditions for the return of th e rejected produce shall be specified. 
 
 iii) Disposal of rejected produce shall be specified.  
  iv) Any produce which the dealer has accepted delivery of shall not be returned to the 
producer. 
l) Payment Terms and Mechanism 
 (i) Producer and dealer shall specify the m ode, terms and mechanism of payment. 
  
m) Penalties 
 (i) The contract agreement shall specify penalties including type and amount of 
compensation to either party as a result of fa ilure to abide by the terms of the contract.  
n) Duration of Contract 
 (i) Duration and maturity of contract shall be specified. 
 
o)  Termination Clause 
 i) Conditions for termination of contract shall be specified.  
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 ii) Either party may terminate the contract  by giving the other a written notice within a 
reasonable period equivalent to a full production and marke ting cycle of the produce.. 
p) Natural Calamities and Non-Commercial Risks ( Force majeure ) 
 
 (i) In the event of natural calam ities (such as floods, hail, earthquakes etc) it shall be stated 
clearly in the contract that both parties shall not  be held responsible. 
   (ii) Furthermore, in the event of non-comme rcial risks (such as war, national labour, 
strikes, etc) the affected  party shall be held harmless for non-performance. 
 
Conditions 
1. All contracts must be registered with the Authority and County government within 14 
days of signing by both parties 
 
2. Where contracts are breached, aggrieved part ies must inform the Authority in writing 
3. The Authority must be notified of any variati ons on the contracts registered within seven 
days  
 
 
  
   
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 NINTH SCHEDULE      r 20(7)) 
THE AGRICULTURE FISHERIES AND FOOD AUTHORITY 
THE CROPS (HORTICULTURE CROPS) REGULATIONS, 2016  
 
IMPORT RELEASE ORDER 
    
 
Name/ of Dealer ……………………………………………… 
Address……………………………………..Tel…………………………………… 
Email………………………………………………Physical Location…………………………………… 
Contact person ………………………………………………………….. Registration No. ………… ................................ .........….....………… 
Valid from……….............. .............................. .…….to………................…....…………. 
Is hereby authorized to import the following; □ Fresh produce □Processed product □ Raw material ( Tick 
as appropriate) 
 
Type  Quantity (Kilograms) Country of Origin Value (F.O.B) KES 
    
    
    
    
NB:Attach list 
Duration of import permit……………………………….days 
Expiry date……………………………………………………… Point of entry/delivery…………………………………………….. 
FOR OFFICIAL USE
 
3. Checked by: 
Officer Name………………..…..Signature……………………..... Date …………….…….… 
Approved by: 
 Director’s Name …………………Signa ture….………….…………D ate ………………...… 
Official Horticulture Crops Directorate Rubber stamp 
 
Terms and Conditions:  
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 1. The Authority may vary, suspend or cancel the food crop produce import/export permit issued if the holder fails 
to abide with the national horticulture product standards. 
2. The importer/exporter shall provide all the information of the transaction in question to the Authority at all 
times on demand. 
3. The import permit may be suspended without notice where such importer infringes the legal requirements as 
elucidated in the laws of Kenya. 
The holder of this certificate shall submit monthly re turns to the Authority in the prescribed format  
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 TENTH SCHEDULE   (r29(2)) 
          
          
AGRICULTURE AND FOODAUTHORITY 
THE CROPS (HORTICLTURE CROPS) REGULATIONS, 2016 
 
HORTICULTURAL CROPS INDUSTRY LEVIES 
 
REGISTRATION AND 
PERMIT/LICENCES CATEGORIES  FEES (KSH) VALIDITY 
 
Dealers (Importers, exporters, ship chandlers, processors, and clearing agents) 
 25,000 Annual 
 
Export levy 2 % of F.O.Bvalue Per consignment 
 
Import levy – Finished products 4% of F.O.B value Per consignment 
 
Import levy – Raw materials 2% of F.O.B value Per consignment 
 
Nursery Operators/mother blockRegistration based on turnover 1. Upto 50,000                  2. 50,000-250,000           3. 250,000-500,000      4. Above 500,000         
 1) 1,000.00 2) 2,500.00 3) 5,000.00 4) 7,500.00 Annual 
 
Inspection for nursery/mother block 1,000.00 Annual/ or in case of 
non-compliance  
Inspection for product conf ormity 1,000.00 Per inspection 
Produce handling facility inspectio n 5,000.00 Twice per year/ or d in 
case ofnon-compliance 
Farm Inspection per acre 
a. (Below 5.0 Acres) 
b. (over 5 to 10 Acres)  
c. (Above 10 Acres)  
1)1000 per inspection 
2) 2,500    per inspection 
3) 5,000   per inspection 
Audits due to interception or notification 
from the market 100% of the cost Per inspection 
 
 
     
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Dated this ………………………day of ……………………………………………………2015 
         
 
.................................................................................. 
WILLY BETT  
Cabinet Secretary Ministry of Agriculture, Livestock and Fisheries