DRAFT TEA INDUSTRY REGULATIONS, 2016 
 
ARRANGEMENT OF REGULATIONS  
 
Preliminary  
 -Long Title, Preamble, Commencement  
1-Citation  2 -Interpretation 
Functions of the Directorate 
 
3 -Functions of the directorate 
 
Licensing Provisions 
 
4  -Application for Comm ercial tea nursery  
4  -Registration of Commercial Tea Nursery 5 - Tea Growers Register 5  -Registration of Tea Grower 6 -Application of a Commerci al green Leaf Transporter 
6- Green Leaf Transporter Certificate  7- Tea manufacturing license  application and issuance  
7-  Cottage factory license  application and issuance 
8-  Manufacturing license hol der Statistical Returns  
8-  Manufacturing license Monthly Production Return 
9- Green leaf Agreement  10-  Licensing of tea trader  
11- Considerations before Licensing 12 -Licensing of a Tea Packer 13- Licensing a Tea Broker  14- certificate of a Tea Broker 15- Considerations before Licensing 16- Authority to Maintain Regi ster of all Licensed persons 
17- Monthly Return for Buyer, Exporte r, Importer, Broker and Warehouseman 
18- Monthly returns for a Tea Packer 19 – Cancellation of license  20-Registration of a Management Agent  20-Certificate of registra tion for Management Agent 
21-Duration of management agreement  22- Approval of Management Agreement 23-Registration of a Marketing Agent 23- Marketing Agent License 23 – Submission of Annual re turn for Marketing Agent 
24- Supply of Additional Information 25- Publication of Names and Particulars 26 -Transferability of license or registration 27-Application for registrati on as an Auction Organizer 
28 -Certificate of registrati on of tea Auction Organizer 
29- Approval of Trading Rules and Regulations 
29-  Submission of Auction report 29 -  Supervision of  tea trade  30 – Notification of Fees and Charges 31- Penalty for Operation Illegality   
 
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  32-Tea export registration 
33 -Transit tea 34 –Tea Pre-imports approval  35 -Requirements relating to import of tea 36 -Conformity to standards 37 -Validity of licen ses and registration. 
38 -General penalty 39 -No compensation for cancellation of license 
40- Declaration of export and import consignments 41 -Release Order 42 -Entry and inspection 43-Powers of an authorized officer 44- Prohibition to import and export t ea seed or plants without a permit 
45- Revocation of Legal Notice No 34 of 2012 46 -Penalties 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
                      
 
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       IN EXERCISE of  the powers conferred under Section 40 of the Crops Act, the Cabinet Secretary for 
Agriculture Fisheries and Livestock,   in   consultation   with   the   County Governments,   makes   the   following Regulations– 
 
Regulations to provide for the registration and licensi ng of tea dealers, the su stainable development of 
the Tea Industry.  
 Preliminary 
 
Citation 1. These Regulations may be cited as the Tea Industry Regulations, 2016 
 
Interpretation 2. In these Regulations, unless the context otherwise requires- 
  
“Act” means the Crops Act, 2013;  “Auction” means a physical or electr onic system where potential buyers place 
competitive bids for tea; 
“Auction Organizer’ means a person, company or firm established for the purpose 
of organizing tea auctions in Kenya and licensed by the Authority;  “Authority” means the Agriculture and Food Authority established under section 
3(1) of the Agriculture and Food Authority Act; 
 “Broker”  means  a  person  or  company  or  firm  established  for  the  purpose  of negotiating the purchase or sale of tea between producers and buyers;  “Blending” means the process of mixing of teas of different grades to affect the flavor and characteristics of the tea for the purposes of packing and for sale;  “Buyer” means a person, company or a firm engaged in acquiring made tea for resale in the local or export market,   “Cabinet Secretary” means the Cabinet S ecretary for the time being responsible for 
matters relating to Agriculture;    “Certificate of Origin” means a documen t issued in a customs territory by a 
competent authority confirming the origin of  tea product; 
    
 
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  “Co-operative society” means a co-opera tive society registered under the Co-
operative Societies Act; 
  
“Commercial Tea Nursery “means a person or firm who maintains not less than five 
thousand tea seedlings or pl anting material for sale.  
  “County Executive Member “ means the C ounty Executive Member for the time 
being responsible for matters relating to agriculture in the respective tea producing 
county;  “County government” means the county government provided for under Article 176 of the constitution but for the purpose s of these regulations excludes non tea 
growing counties;  “Cottage tea factory” means a tea factor y that manufactures not more than seven 
hundred and fifty thousand kilograms of hi gh value specialty teas per annum.  
  “Commercial green leaf transporter” m eans a person, a firm or a corporate body 
contracted by the factory to provide green leaf transport services from the farm or 
leaf collection center to th e tea factory at a fee; 
 
 “Directorate” means the Tea Directorate established by the Authority under section 
11 of the Agriculture and Food Authority Act;  
 
 
 “Export” means to take tea out of Kenya to any place outside Kenya;  “Exporter” means a person, a  firm, or a  corporate body engaged in the business of blending, packaging and exporting  of tea in bulk or in value added 
form;  “Green Leaf Agreement” means an agr eement between the tea grower and the 
factory as prescribed in these regulations.   “Green Tea Leaf” means leaf detached from tea plants but not dried or processed in 
any way;  “Grower” means any person who is  cultivating tea in an area;  
 
“Import” means to bring tea into Kenya from any place outside Kenya; 
 “Importer” means a person, a firm, or a corporate body engaged in the business of   
 
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  importing tea. 
 
   “Kenya Standard 1927 Tea Packets and Cont ainers”- means the Kenya Standard or 
an equivalent standard that specifies the requirements for tea packets and containers, 
applicable to tea packaging for retail in th e form of tea bags, tea packets, instant tea 
and ready to drink containe rs or instant tea specifica tions  or their recognized 
equivalent but does not include tea sacks;  
“Licensee” means a person who holds a ma nufacturing license under Section 18 of 
the Crops Act;   “Made tea” means the derivative from tea leaf through a manufacturing process; 
 
 “Manufacture” mean the processing of agricultural products and includes the 
packaging, labelling, distribution, importati on of scheduled agricultural products for 
sale. 
 
“Management Agent” means any person that is registered under these regulations and appointed by a tea factory through a sp ecific management contract or agreement 
to perform or offer professional servi ces in production, processing, financial,or 
related services;   “Marketing Agent” means any person that is  registered under these regulations and   
appointed by a tea factory or tea buyer through a specific marketing contract or 
agreement to perform or offer professional services in Sales, Value Addition, Product Development and rela ted marketing services.  
 “Manufacturing License” means a license issued under section 18 of the  Crops Act;
“Point of export” means a designated cust oms border point at which made tea is 
taken out of Kenya to any place outside Kenya; 
“Point of import” means a designated cust oms border point at which made tea is 
brought into Kenya from any place outside Kenya; 
“Plantation Tea Producer” means a person cu ltivating tea in a large area of land 
measuring twenty hectares and above and who own their own tea processing 
factory; 
“Person” includes a firm, a company, an association, cooperative society or a 
corporate body; “Smallholder” means a grower cultivating tea in a small parcel or parcels of land 
who does not poses their ow n tea processing factory;   
 
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“Tea” means the plant botanically known as Camellia sinensis  and includes its seed, 
tea plants and the leaf, whet her on the plant or detached therefrom, and, in the latter 
case, whether green tea or manufactured tea; 
 “Tea Factory” means a factory that proce sses and manufactures gr een tea leaf into 
made tea and licensed by the Authority.     “Tea Packers Association” means any asso ciation of tea packers registered by the 
Authority.    “Tea Packer” any person who blends , brands and packs tea into packets or 
containers holding not more than ten kilogr ams of tea intended for sale locally or for 
export;   “Tea Trader” means  a buyer,  exporte r, importer, or a warehouseman; 
 “Transit tea” means any consignment of tea transiting through Kenya custom territory and is destined for another custom territory;  “Value addition” means improvements on made tea through blending, packaging flavoring, or branding in not more than te n kilograms, and includes tea extracts, tea 
aroma and tea by-products.  “Warehouseman” means a company registered in Kenya and is in the business of storing tea.    
   Functions and powers of the Directorate 
 
Functions and 
powers of the 
directorate 3. (1) The Tea Directorate sha ll carry out such activities and do such things as are 
necessary to promote and protect the tea indu stry for the benefit of  the tea grower and 
other stakeholders in the tea industry.  
 (2) Without prejudice to the generality of  paragraph (1) the Directorate shall in  
consultation with County government:- 
 
(a) facilitate formulation of ge neral and specific policies for the development of the 
tea sub-sector in liaison with the Ministry responsible for Agriculture; 
(b) facilitate the marketing and distri bution of tea through monitoring and 
dissemination of market information incl uding identification of the local and 
international demand situation, domestic market matching and overseas market 
intelligence and promotion activities on tea;   
 
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  (c) Issue licenses under these Regulations.  
(d) Issue registration certificat es under these regulations. 
(e) determine the criteria for issuance, re fusal, revocation, cancellation, suspension 
or variation of licenses or registra tions issued with respect to tea; 
(f) regulate and promote, the transportation
 and processing of tea; 
(g) In liaison with the stakeholders and re levant government research institutions 
determine the research priorities on tea a nd advise generally on tea research.  
(h) promote tea grower training programs aime d at increasing their knowledge in tea 
production, technology, market potentials and prospects for various types of tea; 
 
(i) partner with research institutions in the development of tea varieties suitable to 
the agro climatic conditions of the t ea growing areas and markets that will 
provide greatest valu e addition to tea; 
(3).The Directorate shall: 
(a) regulate all aspects of tea trade and regi stration of all persons  dealing in tea; 
(b) devise and maintain a system for regular obtaining and disseminating 
information on current and future production, prices and movement in tea trade; 
(c) establish linkages with va rious government and privat e research institutions 
for the conduct of studies and research es designed to promote the production, 
marketing and processing of tea; 
(d) establish and enforce standards in gr ading, sampling and inspections, tests 
and analysis, specifications , units of measurements, code of practice and 
packaging, preservation, conservation a nd environmental sustainability and 
transportation of tea;  
(e) Develop guidelines to promote the production, processing, marketing, 
grading, blending, labelling, storage, collection and ware housing of tea. 
(f) promote and advise on strategies for va lue addition prior to  the export of tea 
from Kenya; 
(g) promote an efficient and effective tea trading system 
(h) Recommend general industry agreemen ts between tea industry players. 
(i) Prescribe the maximum period within whic h tea growers are to  be paid for tea   
 
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  delivered and penalties for delayed payments;  
(j) Appoint crops inspector and assign func tions as prescribed under the Crops 
Act; 
(k) Perform any other relevant function with respect to tea including the taking of 
measures to ensure compliance with the Agriculture and Food Authority Act and the Crops Act.  
 Registration and Licensing Provisions 
 
 
Application  of a 
commercial tea 
nursery  
 
 
 
Registration of 
commercial tea 
nursery 
 
 
 
 
 
 
Tea growers 
register  
 
 
 
 
  
 
 
 
 
Registration of tea 
grower  
 
 
 
 
 
Green leaf 
agreement  
 
 
 
 
 
 
 
 
 
 
 
 
 
      4.    (1) A person who intends to esta blish a commercial tea nursery shall 
            Apply for registration to the County Government where they intend to establish the tea nursery. In Form Tea A1as set out in the Second Schedule. 
              (2)The County Government shall issue a certificate of registration to a 
commercial tea nursery .in Form Tea A2 as set out in the Second Schedule.  
 
 (3) A commercial tea nursery shall submit annual returns to the respective County government with a copy to the Authority. in Form A3 set out in the First Schedule. 
 
5. (1) A tea factory shall maintain a register  of all growers who supply green leaf to 
it and forward a copy to the County not later than the fifteenth January of every year. 
 (2)Upon commencement of these regulations  every registered tea grower shall 
be deemed to have been registered with  the tea factory to which they deliver 
green leaf.    (3) Where a person starts growing tea after the commencement of these 
regulations, such person shall register with a tea factory where they intend 
to deliver green leaf as set out in Form C.   
(4) (i) All tea factories shall sign a Green Leaf Agreement with their registered 
tea growers as set out in Form  C1 in the First Schedule.  
The parties to the green leaf agreem ent may include additional terms and 
conditions that they may deem necessar y, provided that the additional terms 
and conditions do not contravene the pr ovisions of the Act or Regulations 
 (ii) A tea grower shall not register green leaf from their  parc el of land to more 
than one tea factory at a time,   Provided that, where subdivision has been  carried out but se parate titles deeds 
have not been issued, proof of such s ubdivision from the registered owner of 
the land shall be provided  to the tea factory.  
   
 
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Application of  a 
Commercial Green 
leaf transporter 
 
 
Green leaf 
transporter 
certificate 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  (iii) A tea grower who intends to cha nge the factory to which they deliver 
their green leaf shall issu e at least one month written  notice of th eir intention 
to move to another tea factory.  (iv) A factory that receives a notice fr om a tea grower shall within one month 
of the receipt of the notic e release the grower subject  to the grower making 
arrangements to clear any outstandi ng obligations with the factory. 
 
(v) Any change in the particulars su pplied by the grower for purposes of 
registration in accordance with sub pa ragraph (1) shall be notified to the 
Factory in writing.  (vi) Where the factory has reasonable cause to believe that a person whose particulars are so recorded  has ceased to be a grower, it may after giving that 
person written notification of its intenti on to do so, remove the name of such 
person from the register.   (vii) The register referred to in subparagraph (4) shall be prima facie  proof of 
the fact that a person is a register ed tea grower with the factory.  
 
(viii) A person who grows tea and carries on business as such wit hout being registered 
in accordance with this paragraph or knowingly or reckless ly supplies false 
particulars, shall be guilty of an offen ce and on conviction sha ll be subject to the 
penalties prescribed under S ection 19 of the Crops Act. 
 
6. (1) A person who intends to operate or re new their registration   as a Commercial 
green leaf transporter shall, apply fo r registration to the respective County 
Government, in Form Tea D as set out in First Schedule.  
 (2) The County Executive Member shall upon recommendation by the factory where the applicant intend s to supply green leaf tr ansport services, issue a 
Commercial green leaf transporter regist ration certificate in Form Tea D1 as 
set out in the First schedule.  (3) A Commercial green leaf transporte r shall sign an annual Green Leaf 
Transport Agreement, with the factory wh ere they intend to provide green leaf 
transport services.  (4)The tea factory shall ma intain for inspection by the County a register of its 
registered commercial green leaf transporters  (5) The commercial green leaf transporte r shall  convey green leaf to only 
those tea factories with whom they  have signed green leaf transport 
agreements. 
 
(6) A Commercial green leaf transporter shall comply with the Tea Industry 
Code of Practice KS: 2128, the Public Health Act and any other relevant   
 
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  law. 
 
(7) The County Executive Member shall be fore registering or renewing the 
registration of a Commercia l green leaf transporter satisfy themselves that 
the applicant has  complie d with the provisions of the Act, the Tea Industry 
Code of Practice KS: 2128, the Traffic Ac t, the Public Health Act and any 
other relevant law.  
 (8) A Commercial Green Leaf Transporter shall pay to the respective county 
government an annual registra tion fee for each vehicle.  
 
(9) The county shall issue a sticker to  every vehicle registered by it as a 
Commercial Green Leaf Transporter..   
 
(10) All Commercial green leaf transporters shall display      the green leaf transport sticker on the front windscr een of their vehicl es while conveying 
green leaf. 
(11) A person who contravenes the provisi ons of regulation 5 shall be guilty 
of an offence and shall upon conviction be liable to the penalties prescribed 
under Section 37 of the Crops Act. 
 
 
 
Tea manufacturing 
license application 
and issuance  
 
 
 
 
 
 
Cottage factory 
license application 
and issuance 
 
 
 
   
 
 
 
 
 
 
 
 
 
 7. 1) A person who intends to manufacture tea or renew a tea manufacturing license shall 
apply to the Authority in Form AFA\ TD \B set out in the First Schedule.  
 
2) The Authority shall issue a manufacturing li cense in Form AFA\TD\ B1 set out in 
the First Schedule.  
(3) A person who intends to manufacture t ea in a cottage factory or renew the 
license shall apply to the Authority in Form AFA\TD\ B2 set out in the First 
Schedule. 
 
(4) The Authority shall issue a cottage manu facturing license in  Form AFA\TD\ B3  
set out in the First Schedule.  
(5) Before the issuance of a manufacturing li cense, the Authority shall satisfy itself 
that the applicant has complied with the provisions of the Crops Act, and any 
other relevant  law. 
(6) The Authority shall at least thirty days before granting a new license give notice 
of the proposed grant in the Gazette and in such other manner as it may   
 
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Manufacturing 
license holder 
Statistical Returns 
 
Monthly 
Production Returns 
 
 
 
Green Leaf 
Agreement  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Licensing of tea 
trader  
 
 
 determine.  
 
(7) The Authority shall, after considerin g an application for a manufacturing 
license, make a decision within thirty days after receipt of a duly completed 
application for a manufacturing license 
8.  (1)A holder of a manufacturing  license sh all, not later than the fifteenth day of 
January of every year, complete and submit to the Authority a Statistical Return in 
Form AFA\TD\ E set out in the First Schedule. 
 
(2) The holder of a manufacturing license issued by the Authority shall, not later 
than the fourteenth day of each month, complete and submit to the Authority a Monthly Production Return in Form AFA\ TD\ F set out in the First Schedule. 
 
 
9. (1) Every tea factory shall sign a Green Leaf Agreement with the tea growers who are 
registered to supply green leaf to the factory in Form C1 se t out in the Second Schedule.  
 
(2) A holder of manufacturi ng license who fails to pay its registered tea growers 
within the prescribed period of one hundred and twenty days shall pay the 
outstanding amounts with interest at th ree percentage points above the ruling 
Central Bank of Kenya rates, until the full amount is paid in full.  
 
(3) The Authority may prescribe a form ula, to be applied by a holder of a 
manufacturing license, to determine the payment to be made to tea growers from time to time for green leaf delivered to the manufacturer.  - 
 
 (4) A person shall not manufacture or pr ocess tea except under and in accordance 
with a license or registration issued th e Act or regulations made thereunder. 
 
 (5) A person who manufactures  tea without a license commits an offence and is 
liable, on conviction, to a fine not exceeding one million shillings, or to 
imprisonment for a term not ex ceeding five years, or both.  
 
10. A person who intends to trade in tea or renew their license as a tea trader shall apply to 
the Authority in Form AFA\TD\ G set out in the First Schedul 
11. (1) A person who intends to carry on the business of a tea buyer, exporter or   
 
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Licensing of a Tea 
Packer 
 
 
 
 
 
 
 
 
 
 
Licensing a Tea 
Broker  
 
 
 
 
 
 
 
 
 
 
 
 importer shall in addition to supplying th e particulars required under Form AFA\TD\ G, 
under the First Schedule provide th e Authority with the following;  
(i) clear statement of th e business objectives;  
 (ii) Ownership structure of the busine ss indicating shares of  local and foreign 
investors; 
(iii) creation of empl oyment opportunities,  
(iv) linkage and transfer  of technology benefits; 
(v) Value addition and product diversification components; 
(vi) Plan to achieve value addition levels of at least  25% of their annual exports 
over a period of five years; 
 
  (2) The Authority shall issu e a license to a tea trader in Form AFA\TD\ G1 as set 
out in the First Schedule 
 
(8) 12. (1) A person who intends to register or  renew their license as a Tea Packer 
shall apply to the Authority in Form AFA\TD\ H set out in the First Schedule . 
 
(2)The Authority shall issue a license to a Tea Packer. in Form AFA\TD\ H1 as set 
out in the First Schedule.   
13. A person who intends to register or renew their license as a Tea Broker shall apply 
to the Authority in Form AFA\TD \ I set out in the First Schedule
. 
 
14. The Authority shall issue a license to a Tea Broker in Form AFA\TD\ I 2 as set out 
in the First Schedule. 
 
Considerations 
before licensing 15. The Authority shall before licensing or renewing a li cense under these 
Regulations, satisfy itself that the applicant has complied with the provisions of the Crops Act, and any other relevant law   
 
13 
   16. The Authority shall maintain a regist er of all persons licensed under these 
Regulations and may publish the register in such manne r as it may determine. 
Monthly return for 
buyer, exporter, 
importer, broker 
and 
warehouseman. 17. (1) Every Tea Trader and Tea Broker shal l not later than the fourteenth day of 
each month, complete and submit to the Authority a return in Form AFA\TD\ P and AFA\TD\Q set out in the First Schedule.  (2) The return submitted under paragraph one above shall include details of the teas bought in the previous month and the s ource and destinatio n of such tea. 
 
Monthly return for 
a Tea Packer 
 
 
  
18. Every Tea Packer shall make a monthl y return of the tea packed to the 
Authority in Form AFA\TD\ R set out in the First Schedule. 
  
 
 
Cancellation of a 
License/Registratio
n   
19. (1) The Authority may revoke, alter, suspen d or vary the terms and conditions of a 
license if the holder fails to comply with the provisions of the Act or breaches the terms 
and conditions of the license or if the holder fails to comply with a lawful requirement 
or demand given by the Authority. 
 
(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 Cabi net Secretary within 
30 days from the date on which the app licant received notice of the decision.   
 
(3)Before the Authority cancels, suspends or  varies a license, it shall give the person 
to be affected by such action an opportunity to be heard. 
  
Registration of a 
management agent  
 
 
 
Management Agent 
License  
 
Annual return for management agent 
 20. (1) A person who intends to operate as a Management agent shall apply to the 
Authority in Form AFA\TD\ S se t out in the First Schedule. 
 (2) The Authority shall issue a license to a Management Agent in Form AFA\TD\ 
S1 as set out in the First Schedule. 
21. Every management agent shall make an a nnual return to the Authority in Form 
AFA\TD\ S2 set out in the First Schedule.  
 
 
 
 
 
 
 
Approval of 
Management 
Agreement  
 22. ( 1) Every Management agent shall sign a ma nagement agreement or contract with 
each tea factory that they intend to offer management agent services to. 
     (2) A management agent shall submit a copy of the management agreement between them   
 
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  and the tea factory for reco mmendation by the Authority. 
 
 
 
Registration of a 
Marketing Agent  
 
 
Marketing Agent 
License  
 
 
 
 Submission of 
annual returns 
 
 
 
 
 
 
 
  
 
23.(1) A person who intends to register or re new their registration as a Marketing Agent 
shall apply to the Authority in Form AF A\TD\ U set out in the First Schedule. 
 (2) The Authority shall issue a license to a Marketing Agent in Form AFA\TD\ U1 
set out in the First Schedule.  
  
(3) A marketing agent shall submit to the Au thority a copy of the marketing agent 
agreement signed between them and th e tea factory for recommendation by the 
Authority. 
 
           (4) An applicant for a marketing agency license shall have no direct commercial relationship with the tea factory that they in tend to offer marketing agency services to.  
 
(5) Every Marketing Agent shall make an annual return to the Authority in Form 
AFA\TD\ U2 set out in the First Schedule. 
 
Supply of 
additional 
information 24.The Authority may require an applicant for a license or registration specified under 
these Regulations to provide any other further information, that it considers necessary to determine the application. 
Publication of 
names and 
particulars 25.The Authority shall publish in such manne r as it considers appropriate, the names 
and particulars of the persons— 
(a) issued with licenses; or 
 
(b) whose licenses has been revoke d under these Regulations, 
 
Transferability of 
license or 
registration 26A license or registration issued by the Au thority under these Regulations shall not be 
transferable to third parties. 
 
Application for 
registration as an 
auction organizer 27. A person who intends to register or re new their registration as a tea auction 
organizer shall apply to the Au thority in Form AFA\TD\ X se t out in the First Schedule. 
 
Certificate of 
registration of tea 
auction organizer 28.  The Authority shall issue a certificate of registration to or renew a certificate of 
registration of a Tea Auction Organizer in  Form AFA\TD\ Y set out in the First 
Schedule. 
 
Approval of 
trading rules and 
regulations 
 
 
 29..  (1) The Authority shall, before issuing or  renewing a certificate of registration of a 
tea auction organizer, approve the trading rules and regulations including the maximum 
fees chargeable, commissions and charges governing the operations of the members 
annually. 
   
 
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Submission of 
auction reports  
 
 
 
 
Supervision of tea 
trade 
 
 
 (2) Any changes to the trading rules and re gulations of the auction organizer made 
within the course of the year shall be submitted to the Authority for approval. 
 
  
(3) The Authority shall, before approving the tr ading rules and regulations, satisfy itself 
that they are in compliance with the provisions of the Crops Acts, the Competition Act and any other relevant written laws.  
(4) An auction organizer shall not later than the fourteenth day of each month submit to 
the Authority a monthly tea au ction report of all teas sold  through the auction in the 
previous month in Form AFA\TD\ Z as set out in the First Schedule. 
  
(5) An auction organizer shall ensure that only members li censed or registered by the 
Authority participate in the auction. 
(6) An auction organizer shall no tify the Authority of any co mplaints or malpractices 
by any affected member and the correctiv e action taken within fourteen days. 
  
 
Notification of fees 
and charges 
 
 30. The fees to be charged for a license, re gistration certificate or renewal issued under 
these Regulations shall be as set out in the Third Schedule. 
(3) All licensed tea brokers, tea auction orga nizers, marketing and management agents 
shall annually notify the Authority of fees  and commissions charged for services 
rendered. 
 
 
Penalty for 
operating illegally 31. A person who deals in tea without being registered  in accordance with this 
Regulations commits an offence and shall on conviction be liable to imprisonment for 
term not exceeding five years or to a fine not exceeding Ten million shillings or both.  
 
Tea export 
registration 32. (1)An exporter shall register all tea expor ts with the Authority before export in 
Form AFA\TD\ V set out in the First Schedule. 
 
(2) An exporter shall ensure that all t ea designated for export conform to Kenyan 
Standards on quality, food safety and hygi ene, sanitary and phytosanitary (SPS) 
regulations and maintain the relevant doc uments for inspection by the Authority. 
 
Transit teas 
 
 
 
 
 
 33.  An exporter or importer shall comply  with the relevant customs laws and 
regulations on transit- shipment of goods in handling tr ansit teas and maintain the 
relevant documents for inspection by the Authority. 
  
Tea pre- import 
approval  
 
 
 
 34.  1) A person who intends to import tea di rectly shall apply for pre-import approval 
to the Authority in Form AFA\TD\ W as set out in the First Schedule. 
 
2) An importer shall not import tea into Kenya except and in accordance with pre-   
 
16 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 import approval issued by the Authority. 
The following tea imports shall be exempt from pre-import approval;- 
i. Teas imports for sale through the Kenyan tea auction 
ii. Transit teas.  
 
        (3)  An importer shall declare the im ports made with the Authority and make a return 
on all transactions to the Authority in Form AFA\TD\ W1 as set out in the First Schedule. 
       (4 The Authority or its authorized agent shall verify pre-import  documentation on  
tea intended for importati on  and issue a pre -import  approval in the manner 
prescribed in Form AFA\TD\ B(1)in the Second Schedule.  
(5) An importer shall not import tea into Kenya without a valid certific ate of conformity to 
Kenya Tea Standards from an accredited inst itution from the country of origin.  
(6) The Authority may conduct an analysis of teas imported into the country from 
time to time to ensure conformity to Kenya  tea standards, at the importer’s cost.  
 (7)  A person who contravenes the provisions of regulation 34 shall be guilty of an 
offence and shall upon conviction be liable to the penalties prescrib ed under Section 37 
of the Crops Act. 
  
Requirements 
relating to import 
of tea 35.      (1) An importer who imports bul k tea into Kenya for blending shall;- 
 
(a) Provide evidence that the teas they intend to import are not available in 
the local market or at the tea auction. 
(b) Obtain pre-import approval  from the Authority.  
(c) Re-export the tea within a period of six months of the date of import 
and proof of such re-export shall be maintained for inspection by the 
Authority. 
 
     (2) All tea imported in to Kenya shall be accompanied by— 
 
(a) Certificate Of Conformity to Kenya Tea Quality Standards; 
(b) Certificate of origin; 
(c) Sanitary and phytosanitary certificate; 
(d) Certificate of analysis on pesticide residues issued by a competent authority 
from the country of origin. 
 
(3) Any imported tea that does not conform to the requirements set out in paragraph 
(1) and (2) shall be rejecte d, seized , or destroyed by th e Authority or be re-exported 
to the country of origin at the importer’s expense. 
 
Conformity to 36.    All persons dealing in tea shall comply with the relevant na tional standards.    
 
17 
  standards 
 
Validity of licenses 
and registration.    37. (1) All licenses and registrations issued under these Regulations shall expire on 30th 
June of each year.   
(2) An application for a rene wal of a license or registration shall be made at least 
one month prior to the expiry of  such license or registration. 
 
Provided that where an application for a rene wal of a license or registration is made, 
the license or registration shall be deemed to continue in force until the application 
for renewal is determined. 
 (3)The Authority may consider late applications upon an applicant giving reasonable cause for the delay, and upon appr oval of such application the applicant 
shall pay a late application fee of  100% of the fees payable.  
General penalty 38. A person who is convicted of an offence under these Regulations may in addition to 
any other penalty have the li cense or registration suspende d or cancelled for such a 
period as the Authority may decide.   
 
No compensation 
for cancellation of 
license or 
registration 39. .  Where a license or registration is susp ended or cancelled under these Regulations, 
the holder of the license or registration shall not be entitled to claim from the Authority, or Government for any comp ensation or any damages occurring as a 
result of such suspension or cancellation. 
 
Declaration of 
export and import 
consignments 40.  (1) Every tea exporter or importer shal l declare information on all export and 
import consignments to the Authority in the prescribed manner. 
  (2) A tea exporter or importer who provides false information under these regulations 
commits an offence and shall upon conviction be  liable to the penalty prescribed under 
Section 37 of the Crops Act. 
Release Order 41.    (1) The Authority or its authorized agent shall verify customs documentation on 
tea export or import of any tea consignm ent and issue an import or export/import 
release in Form AFA\TD\ A1 as set out in the Second Schedule.  
 (2) The Authority shall not issue a Release Order if an exporter or importer is in 
contravention of the provisions of the Crops Act or any Regulations made there under.  
(3) The Authority may cancel the export or import release or approval Order if an 
exporter/importer contravenes the provisions of the Crops  Act or any Regulations 
made there under. 
Entry and 
inspection 42.  (1) Any person or inspector duly authorized in writing in that behalf by the 
Authority may, at all reasonable times a nd upon production of such authority to any 
person so requesting, enter a ny land or buildings occupied by the license holder or a 
person registered under these regulations. 
 (2) The purpose of such entry and inspect ion shall be to ascertain whether the   
 
18 
  provisions of the Agriculture and Food Aut hority Act or the Crops Act and the terms 
and conditions of the respective registrations  or license issued under these regulations 
are being complied with. 
(3) An inspector or authorized person sha ll have the power to require any person found 
thereon to give such information as they may require. 
Powers of an 
Inspector or 
authorized officer 43.  (1) An Inspector, or any officer dul y authorized by the Authority  may— 
(a) enter and search any premises upon whic h he has reason to believe there is 
tea in respect of which an offence unde r is being or has been committed, and 
seize and remove any tea found thereon which they have reasonable cause to 
believe may provide evidence of that offence; 
(b)  stop, search and detain any vehicle, vessel or other conveyance which they 
have reason to believe is being or ha s been used for conveyance of tea in 
respect of which an offence under th e Crops Act or regulations made 
thereunder is being or has been committed 
(2) Before removing any tea under this s ub regulation (1) (a) , the person removing 
it shall furnish the person in whose custody or possession the tea is at the time of 
removal with a written acknowledgment of  the seizure of the tea therefor; 
(3) Every seizure under this regulation  shall be reported without unnecessary 
delay to a subordinate court, and where any vehicle, vessel or other conveyance 
has been stopped and detained under s ubparagraph  (1)(b) th e person so stopping 
and detaining shall forthwith take it or cause it to be taken together with its 
contents, or report the fact of its detention, to the n earest police station and the 
officer in charge of the po lice station may thereupon orde r that the vehicle, vessel 
or other conveyance, together with  any tea found therein, be seized. 
(4) Any person who hinders or obstructs a person acting in the exercise of his 
powers under this section shall be guilty of an offence. 
Prohibition to 
import and export 
tea seed or plants 
without a permit 
 44.   Any person who, except with a written permit by the Authority ,imports or exports 
any tea seed, or any living tea plants, or any living parts of t ea plants which are 
capable of use for the propagation of tea, shall be guilty of an offence. 
Revocation of 
Legal Notice No 34 
of 2012,   
45.   The Tea (Nominations) Regulations 2012 and the Tea (Licensing, Registration and 
Trade) Regulations, 201 1 are hereby revoked.  
Penalties 46.  A person who contravenes the provisions of  this regulation or commits an offence 
under this regulation for which no penalty  is prescribed sh all be liable upon 
conviction to the penalties prescribed  under Section 37 of the Crops Act. 
 
     
 
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