M-Wakili

Agricultural Produce Export Cap 319 - as Plain Text by MWakili

LAWS OF KENYA AGRICULTURAL PRODUCE (EXPORT) ACT CHAPTER 319 Revised Edition 2012 [1979] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CAP.

319 [Rev.

2012] Agricultural Produce (export) [Issue 1] A9-1 [Rev.

2012] CAP.

319 Agricultural Produce (export) CHAPTER 319 AGRICULTURAL PRODUCE (EXPORT) ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Interpretation.

3.

Restriction of export of agricultural produce.

4.

Prohibition of export of unsound produce.

5.

Seizure and destruction of diseased animals, and of agricultural produce intended for export.

6.

Sanction and registration of abattoirs and slaughtering places, dairies, etc.

7.

Withdrawal of sanctions.

8.

Powers of entry on premises and inspection.

9.

Power of Minister to prescribe various matters.

10.

Rules.

11.

Provisions as to block-stacking of produce.

12.

Obstruction, resistance and hindrance.

13.

Forging certificate or brand and false warranties.

14.

Penalty.

15.

Board of appeal.

A9-3 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Issue 1] A9-3 [Rev.

2012] CAP.

319 Agricultural Produce (export) CHAPTER 319 AGRICULTURAL PRODUCE (EXPORT) ACT [Date of commencement:1st November, 1923.] An Act of Parliament to provide for the grading and inspection of agricultural produce to be exported, and generally for the better regulation of the preparation and manufacture thereof [Act No.

44 of 1921, Cap.

187 of 1948, G.N.

1721/1955, Act No.

3 of 1957, L.N.

509/1959, L.N.

172/1960, L.N.

173/1960, L.N.

2/1964, L.N.

365/1964.] 1.

Short title This Act may be cited as the Agricultural Produce (Export) Act.

2.

Interpretation In this Act, except where the context otherwise requires- agricultural produce or product means meat or any product thereof, milk products, eggs or margarine or butter substitutes, and further includes any article whatever produced or derived from farming operations which the Minister may from time to time by notice in the Gazette declare to be agricultural produce for the purposes of this Act; block-stacking means the placing together in one or more lots produce of the same kind and grade belonging to any person or persons; brand when used as a verb means to stamp, mark, label or in any other manner distinguish by concrete or visible sign; and when used as a noun has a corresponding meaning; Director means the Director of Agriculture; inspector means a person generally or specifically designated by the Director to examine or grade or both examine and grade agricultural produce intended for export or to examine animals the produce whereof is intended for export.

[Act No.

3 of 1957, s.

2.] 3.

Restriction of export of agricultural produce No person shall export, or cause or permit to be exported, or attempt to export, any agricultural produce for which rules are made unless and until such produce has been inspected, or inspected and branded, in manner prescribed by such rules.

[Act No.

3 of 1957, s.

3.] 4.

Prohibition of export of unsound produce (1) No person shall export, or cause or permit to be exported, or attempt to export- (a) the produce of any animal intended for human consumption, which is infected with any disease rendering such produce unfit for such consumption; or A9-5 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) (b) agricultural produce intended for human consumption which at the time of presentation for export is unfit for such consumption; or (c) agricultural produce which owing to its condition or for any other reason is unlikely to be brought to its destination in a sound or good marketable state.

(2) The question whether any produce is or is not in such a condition as would render it subject to the prohibitions contained in this section shall be determined by the inspector according to the instructions given generally or specifically by the Director.

5.

Seizure and destruction of diseased animals, and of agricultural produce intended for export (1) Whenever an inspector has ground for believing that any animal is to be slaughtered and that the meat thereof is intended for export, he may, if such animal is found to be so infected with disease as to render the meat unfit for human consumption, cause it to be seized and slaughtered and the carcass thereof dealt with or disposed of as he may determine, but in such a manner that such carcass cannot be used either for human consumption or as food for animals: Provided that any moneys received from such disposal shall, after deduction of the expenses incidental thereto, be paid to the owner of the carcass.

(2) If any agricultural produce intended for human consumption is found at the time of inspection under this Act or of its presentation for export to be unfit for such consumption, an inspector may cause it to be seized and destroyed or otherwise dealt with or disposed of, but in such manner that such produce cannot be used for human consumption or food for animals: Provided that any moneys received from such disposal shall, after deduction of the expenses incidental thereto, be paid to the owner of the produce.

6.

Sanction and registration of abattoirs and slaughtering places, dairies, etc.

(1) No person shall export, or cause or permit to be exported, or attempt to export, any meat or any produce thereof unless the abattoir or slaughtering place used for the slaughter of the animal from which such meat is to be taken is a place sanctioned by the Director as fit for the purpose.

(2) No person shall export, or permit to be exported, or attempt to export, any milk products, compositions or substitutes thereof unless the dairy, factory, creamery or premises where such products, compositions or substitutes are collected, prepared or stored are premises sanctioned by the Director as fit for such purpose.

(3) There shall be allotted to all premises sanctioned under subsection (2) a registration certificate and number, and the holder of the registration certificate for these premises shall have the exclusive right to use that registration number for the purpose of designating the milk products manufactured at such premises.

[Issue 1] A9-6 [Rev.

2012] CAP.

319 Agricultural Produce (export) 7.

Withdrawal of sanctions The sanction given by the Director under section 6 may be at any time withdrawn by him if it appears that such premises and places are not being kept in such a condition, or do not possess such appurtenances or facilities, as will enable the person using them to comply with the provisions of this Act.

8.

Powers of entry on premises and inspection For the purposes of this Act, every inspector and any person generally or specially authorized in writing by or on behalf of the Director may at all reasonable times enter any premises in which is kept or suspected of being kept for export any agricultural produce, or premises in which any animal is kept the produce whereof is intended for export, and may examine any part of such premises or any receptacle or package therein.

9.

Power of minister to prescribe various matters The Minister may from time to time, by notice in the Gazette (a) prescribe the specific designation under which any particular kind of agricultural produce may be exported, and define each such kind of produce; (b) prescribe the percentage of impurity and the maximum amount of moisture which may be present in different kinds of grain intended for export; (c) prescribe the standards of composition and fix the maximum percentage of moisture, salt, preservatives or other substitutes in milk products, margarine and butter substitutes intended for export, and prohibit the export of any such article in which the prescribed requirements are not maintained; (d) prohibit the export of agricultural produce which has been so treated as to give it the appearance of an article of different commercial value.

[L.N.

509/1959, L.N.

172/1960.] 10.

Rules (1) The Minister may make rules, not inconsistent with this Act, to provide for the following matters relating to agricultural produce intended for export, namely (a) the inspection of animals the produce of which is intended for export, and the inspection of the premises in which animals are slaughtered, or in which produce is prepared, manufactured or otherwise dealt with; (b) the time and place at which, and the manner in which, notice of intention to export shall be given, the manner of packing, the size, description, quality and material of the receptacles to be used, the weight of the contents and the marking of such weight and of the receptacles; (c) the time and place at which delivery of the produce shall take place at the port of shipment; A9-7 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) (d) the place and manner of storage (which may include block-stacking), the conveyance and the treatment of any produce; (e) the inspection of produce, the fixing of grades, the place and manner of inspection and of grading and branding of any produce and the manner in which different designations or grades of produce shall be branded or indicated, whether on the receptacle or on a certificate of the inspector or otherwise; (f) the percentage which shall be inspected in any one consignment; (g) the temperature at which conveyance by rail and shipment of the produce shall take place; (h) the abstraction or removal of samples by an inspector for examination, inspection or analysis; (i) the circumstances under which different kinds of produce may be accepted or rejected, and degraded, regarded or rebranded, by an inspector after examination and inspection; (j) the circumstances under which and the conditions on which produce inspected and graded may be withdrawn from shipment; (k) the forms of notices, certificates and other documents to be used or issued for the purposes of this Act; (l) the fees which shall be paid by the owner or the consignor of animals or produce for inspection and for grading; and (m) generally for the better carrying out of the objects and purposes of this Act.

(2) Differing rules may be made under this section to apply to different kinds of agricultural produce.

[G.N.

1721/1955, L.N.173/1960.] 11.

Provisions as to block-stacking of produce (1) Where produce is delivered to Kenya Railways or the Kenya Ports Authority to be block-stacked it shall be lawful for them to make such charges, rules, regulations and conditions as they may deem fit for the block-stacking of produce by them.

(2) Save as provided by subsections (3), (4) and (5), when produce is block- stacked Kenya Railways or the Kenya Ports Authority shall, after reasonable notice, deliver to the person entitled thereto the same number of bags of produce of the same grade and same quality as that person or his assignor has delivered to them to be block-stacked, but it shall not be necessary for them to deliver to any person the identical produce which it received from him or from his assignor.

(3) It shall be lawful for the Ministry of Agriculture to regard produce before shipment, after it has been received in block-stack.

(4) When, on regarding, produce is found to have deteriorated, the inspector shall apportion any resultant loss among the persons who have left produce of that grade in block-stack in such proportion as he may consider to be fair and reasonable, having special regard to the period during which an owner has held produce in block-stack as shown by the books of Kenya Railways or the Kenya Ports Authority, and such loss shall be borne by the person or persons to whom it [Issue 1] A9-8 [Rev.

2012] CAP.

319 Agricultural Produce (export) has been apportioned; and the produce so found to have deteriorated may be removed to the place allotted to the storage of produce of the quality to which it has deteriorated: Provided that, if the regarded produce does not fall with in any of the prescribed grades or within any of those classes of produce for which an inspection certificate may be issued, it shall be lawful for the inspector to sell, destroy or otherwise dispose of that produce and apply the net amount realized (if any), firstly, in defraying any charges which may be due to Kenya Railways or the Kenya Ports Authority for storing that produce, and secondly in crediting the balance to the person or persons entitled to credit under subsection (5).

(5) When produce has been removed from a block-stack of one grade to a block-stack of a lower grade, as provided by subsection (3), Kenya Railways or the Kenya Ports Authority shall enter in the stock-book a debit to the person or persons upon whom the loss due to deterioration has fallen of the number of bags of produce standing to his or their credit in the block-stack of the grade in which the deterioration is found to have occurred, and shall credit that person or those persons with an equivalent number of bags of produce in the block-stack to which the deteriorated produce has been removed.

(6) When the procedure prescribed by the last subsection has been compiled with, any receipt or certificate issued on the receipt of the produce for block- stacking shall be deemed to be amended accordingly.

(7) Notification as to alteration of grade (if any) on regarding carried out under subsection (3) shall be posted by the inspector to the owner or owners of the produce so regarded as soon as possible on completion of regarding.

12.

Obstruction, restriction and hindrance (1) Any person who obstructs resists or hinders an inspector in the lawful exercise of his powers or duties under this Act or any subsidiary legislation made thereunder shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.

(2) Any person who fails, within the time required by an inspector, to remove any produce from any place of inspection, reception or shipment whenever such removal is so required shall be guilty of an offence and liable to a fine not exceeding one hundred shillings for every day during which the offence continues.

13.

Forging certificate or brand and false warranties (1) Any person who forges, or utters knowing it to be forged, any certificate or brand or label, or any writing or signature required by or provided in this Act, or any subsidiary legislation made thereunder, shall be guilty of an offence and liable to the penalties prescribed by law for the crime of forgery.

(2) Any person who wilfully applies to agriculture produce intended for export a certificate or invoice or label or warranty given in relation to any other agricultural produce shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months.

(3) Any person who with intent to deceive issues a written warranty or invoice, label or certificate or notification in respect of agricultural produce A9-9 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) intended for export shall, if such written documents falsely describe such produce or are false in any other material particular, be guilty of an offence and liable to the penalties prescribed by law for the crime of cheating.

14.

Penalty Any person who contravenes any of the provisions of this Act or of any subsidiary legislation made thereunder, or makes default in complying with any such provision with which it is duty to comply, shall be guilty of an offence and, if no penalty is specially provided for the contravention or default, be liable, in the case of a first conviction, to a fine not exceeding two thousand shillings, and, in the case of a second or subsequent conviction, to a fine not exceeding five thousand shillings, and in default of payment in either case to imprisonment for a term not exceeding six months.

15.

Board of appeal (1) If any person is aggrieved by any decision of, or action taken by, an inspector under this Act, or under any subsidiary legislation made thereunder, the inspector shall, if required by such person state in writing the reasons for his decision or action, and the matter shall there upon be referred to a board, which shall be appointed by the Director or, at his request, by a Provisional Commissioner, Resident Magistrate, or District Commissioner.

(2) The decision of the board in the matter shall be reduced to writing, and shall be final.

(3) Before the matter is referred to the board, the person aggrieved shall deposit with the inspector such a reasonable amount as, in the Directors opinion, will be sufficient to defray the expenses which will necessarily be incurred by the board, but the amount so deposited shall be refunded to such person if his contention is upheld by the board.

[L.N.

365/1964, Sch.] [Issue 1] A9-10 CHAPTER 319 AGRICULTURAL PRODUCE (EXPORT) ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation.

Page 1.

Agricultural Produce (Export) (Horticultural Produce Inspection) Rules, 1960.

A9 13 2.

Agricultural Produce (Export) (Horticultural Produce Inspection) Rules, 1961.

A9 19 3.

Agricultural Produce (Export) (Mangoes) Rules, 1960.A9 21 4.

Agricultural Produce (Export of Specified Produce) Rules, 1962.A9 23 5.

Agriculture Produce (Grading of Fruits and Vegetables for Export) Rules, 1969.

A9 25 6.

Declaration of articles as agricultural produce/products, 2001.A9 33 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] AGRICULTURAL PRODUCE (EXPORT) (HORTICULTURAL PRODUCE INSPECTION) RULES, 1960 [L.N.

595/1960, L.N.

201/1962, L.N.

559/1962, L.N.

66/1963, L.N.

311/1963, L.N.

100/1966, L.N.

340/1966, L.N.

5/2001.] 1.

These Rules may be cited as the Agricultural Produce (Export) (Horticultural Produce Inspection) Rules, 1960.

2.

These Rules shall apply to the agricultural produce specified in the First Schedule.

3.

In these Rules, except where the context otherwise requires place of inspection means such place as the Director may, from time to time, by notice in the Gazette designate in that behalf; scheduled produce means any agricultural produce specified in the First Schedule.

(1) All containers used for the export of scheduled produce shall be new, clean and of sufficient strength to provide protection for the produce contained therein until its arrival at its destination.

(2) All containers for any one type of scheduled produce in a consignment shall be of the same size and type and shall contain the same net weight or number of units of that type of scheduled produce: Provided that an inspector may, by writing under his hand, and subject to such conditions as he may deem necessary, exempt from the provisions of this paragraph such small quantities as he may think fit of scheduled produce for export by sea to neighbouring territories.

(3) Unless otherwise specified in any other rules made under the Act and relating to specific types of scheduled produce, all containers used for the export of scheduled produce (a) by sea, shall be made of wood and shall be of rigid construction; (b) by air, may be made of cardboard or veneer wood: Provided that an in inspector may, by writing under his hand, and subject to such conditions as he may deem necessary, exempt from the provisions of this paragraph such small quantities as he may think fit of scheduled produce for export to neighbouring territories.

[L.N.

201/1962, s.

2.] 5.

Every container or bundle of containers, whichever is commercial practice, of scheduled produce intended for export shall be clearly marked on the outside with the following particulars (a) type of variety of produce; (b) net weight or number of units of scheduled produce contained therein; and (c) the words PRODUCE OF KENYA.

(1) All scheduled produce intended for export shall be packed in containers in accordance with the provisions of these Rules and shall be protected from bruising and other damage by sufficient padding material.

(2) Such padding material shall be wood-wool, coconut fibre or other suitable non- odiferous material, and grass, wood-chips or wood-shavings will not be permitted.

(3) Such padding material shall be clean, dry and free from hard lumps, dust and odour which would taint the produce, and shall be resilient.

A9-13 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] (4) Box-lining paper, if used, shall be clean and may be white or coloured.

The colour of the paper may be used to specify the grade of produce.

Newspaper will not be used except as a frost protective wrapping for cut flowers, in which case the cut flowers shall be entirely separated from the newspaper be clean, white or coloured paper or plastic sheet.

(5) Wrapping-material used for individual units of produce may be white or coloured and may be printed with a trade mark or materials advertising the produce.

Newspaper will not be permitted.

[L.N.

100/1966, s.

2.] (1) Scheduled produce intended for export shall conform to the description and specification marked on the outside of the container or bundle of containers.

(2) Scheduled produce intended for export shall be clean and of fresh appearance, and shall be free from bruises and other damage and from appreciable visible defects caused by insects or diseases.

(3) Scheduled produce intended for export shall not be immature but shall be at such a stage of ripeness as to arrive at its destination in good condition, and all scheduled produce in any one container shall be as near as may be at the same stage of ripeness.

(4) The units of scheduled produce in any container when packed by number rather than by weight shall be as near as may be of the same size.

(5) For the purposes of paragraph (3) of this Rule, immature means that the produce has been harvested at such a stage of maturity that it will not ripen normally.

(1) Every person intending to export any scheduled produce shall send notification of such intention to the inspector in charge of the place of inspection where inspection is required.

(2) Every such notification of intention to export shall give full particulars of the following (a) the ship, train, aircraft or other vehicle by which such scheduled produce is to be exported; (b) the name and address of the consignee; (c) the number of boxes, packages or other containers in which such scheduled produce will be packed and the markings, if any, thereon.

(3) In the case of scheduled produce intended for export by sea, such notification of intention to export shall where possible be sent not less than forty-eight hours before such scheduled produce is due to be despatched.

(4) In the case of scheduled produce intended for export by any means other than sea, such notification of intention to export shall where possible be sent not less than twenty-four hours before such produce is due to be despatched.

(1) Scheduled produce intended for export may be inspected at any place of inspection and at such other places as an inspector may consider convenient.

(2) Where the place of inspection or place where scheduled produce is inspected is not the port of exit, the Export Certificate in respect thereof issued in accordance with the provisions of rule 10 of these Rules shall be endorsed with the words Preliminary Inspection and such scheduled produce shall be re-inspected at the port of exit and the Export Certificate in respect thereof endorsed with the words Final Inspection.

(3) For the purposes of paragraph (2) of this Rule, port of exit shall mean the place from which the vehicle on which the scheduled produce is to be despatched commences its journey from Kenya.

[Issue 1] A9-14 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] (4) The fee for every inspection shall be at the rate of six cents per kilogramme of any of the produce inspected, except as provided for in paragraph (5).

(5) The fee for every inspection of produce which is to be exported by air shall be at the rate of six cents per kilogramme of the produce inspected.

[L.N.

201/1962, s.

2, L.N.

340/1966, s.

2, L.N.

5/2001, s.

2.] (1) Any scheduled produce intended for export shall be delivered to the place of inspection or such other place as an inspector may consider convenient not later than three hours before the time such produce is due to be despatched.

(2) An inspector shall inspect the consignment in the manner provided by these Rules and, if such produce is fit to be exported within the meaning of section 4 of the Act, he shall issue an Export Certificate in respect thereof in the form in the Second Schedule to these Rules, which shall be valid for a period of twenty-four hours from the time of inspection.

(1) An inspector shall open not less than 2 per cent of the containers in a consignment in order to determine whether such consignment of scheduled produce, or any part thereof, is or is not in such a condition as would render it subject to the prohibitions contained in section 4 of the Act.

(2) An inspector may cut open such number of units of produce in any consignment as he may consider necessary in order to ascertain the maturity of the produce or to inspect the internal quality thereof.

12.

An inspector shall reject any consignment of scheduled produce intended for export if, in his opinion (1) it does not conform to the provisions of rule 11 of these Rules; (2) the containers are not strong enough to ensure the arrival of the produce in good condition at its destination; or (3) the padding material used is insufficient to ensure the arrival of the produce in good condition at its destination.

13.

Where scheduled produce is intended for export by sea, an inspector shall not issue an Export Certificate unless he is satisfied that the shipping conditions are such as to ensure the arrival of the produce in good condition at its destination.

14.

At the time of the issue of an Export Certificate or at the time of the final inspection of a consignment of scheduled produce intended for export, whichever are the later, an inspector shall stamp each container or bundle of containers with a stamp of the form specified in the Third Schedule.

15.

For the purposes of these Rules (a) the Senior Horticultural Officer or his duly authorized representative; and (b) the Chief Grader and Inspector at Mombasa or his duly authorized representative, shall be inspectors.

16.

Any person who exports or causes to be exported any scheduled produce, unless such produce has first been inspected in accordance with these Rules, and in respect of which there is in force a valid Export Certificate, shall be guilty of an offence.

17.

Nothing in these Rules shall apply to the export of any scheduled produce in bona fide gift parcels not exceeding 3 kg in weight.

[L.N.

311/1963, s.2.] A9-15 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] SCHEDULES FIRST SCHEDULE [Rules 2 and 3, L.N.

66/1963, s.

2, L.N.

100/1966, s.

3.

] [Issue 1] A9-16 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] A9-17 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] SECOND SCHEDULE [Rule 10(2).] EXPORT CERTIFICATE THIRD SCHEDULE [Rule 14.] [Issue 1] A9-18 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] AGRICULTURAL PRODUCE (EXPORT) (HORTICULTURAL PRODUCE INSPECTION) RULES, 1961 [L.N.

624/1961, L.N.

365/1964, Act No.

21 of 1966, Second Sch.] PLACES OF INSPECTION DESIGNATED UNDER RULE 3 OF THE ABOVE RULES The following places are designated places of inspection for the purposes of the Agricultural Produce (Export) (Horticultural Produce Inspection) Rules 1.

Nairobi Airport.

2.

The Office of the Chief Grader and Inspector, Kilindini.

3.

The Office of the Agricultural Officer or Assistant Agricultural Officer, Kilindini.

4.

The Office of the Regional Agricultural Officer or Assistant Director of Agriculture, Kisumu.

A9-19 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] [Issue 1] A9-19 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] AGRICULTURAL PRODUCE (EXPORT) (MANGOES) RULES, 1960 [L.N.

596/1960.] 1.

These Rules may be cited as the Agricultural Produce (Export) (Mangoes) Rules, 1960.

2.

In these Rules, mango means the fresh fruit of Mangifera indica.

3.

Except where otherwise stated, these Rules shall apply to all mangoes intended for export except green mangoes not intended for consumption as fresh fruit.

4.

Every container of green mangoes intended for export shall have clearly marked on the outside thereof the following words Green Mangoesnot for consumption as fresh fruit.

5.

No person shall export mangoes except fruits, true to variety, of the following varieties (a) Ngowe; (b) Boribo; (c) Apple; (d) Dodo; (e) Coloured Batawi; (f) Harries; (g) Kitovu: Provided that an inspector may, by writing under his hand, and subject to such conditions as he may deem necessary, permit the export to neighbouring territories of fruits of other varieties in such quantities as he may think fit.

6.

Mangoes intended for export shall be free from dirt, bruises, rub marks, visible insects, mango sap, punctures, insect or fungus staining or damage, or any other blemishes: Provided that mangoes intended for export to neighbouring territories, Aden and Persian Gulf ports may have such minor blemishes as will not, in the opinion of the inspector, cause premature deterioration of the fruit.

(1) All mangoes intended for export shall be firm but not immature; for the purposes of this rule an immature.

For the purpose of this Rule fruit is one the interior flesh of which shows no appreciable colouring.

(2) An inspector shall, in order to ascertain the maturity of fruits in a consignment, cut open at least five fruits in such consignment and may cut open such other number of fruits, not exceeding two per cent of the total number of fruits, as he may think fit.

(1) All mangoes intended for export by air shall be packed cardboard cartons.

(2) Such mangoes shall be individually wrapped in tissue paper with sufficient padding material between each fruit so that no appreciable movement of the fruit takes place when the carton is shake.

(3) Padding material for the purposes of this rule shall be either coconut fibre or wood- wool.

(4) Not more than one layer of fruit shall be placed in any one carton.

9.

Mangoes intended for export by sea shall be packed in rigid wooden boxes, which may contain more than one layer of fruit, provided there is, between each fruit and between each layer of fruit, sufficient padding material so that no appreciable movement of the fruit takes place when the box is shaken.

A9-21 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] 10.

Every container of mangoes intended for export shall be clearly marked on the outside with the name of the variety and the number of fruits contained therein: Provided that an inspector may exempt from the provisions of this rule such small quantities as he may think fit of mangoes intended for export to neighbouring territories.

11.

All mangoes intended for export shall, before despatch, be cooled at a temperature not less than 40 F.

and not more than 50 F.

for a period not less than 12 hours and not more than 36 hours: Provided that an inspector may exempt from the provisions of this rule such small quantities as he may think fit of mangoes intended for export to neighbouring territories.

12.

These Rules are in addition to and not in derogation of the Agricultural Produce (Export) (Horticultural Produce Inspection) (General) Rules, 1960 (Supra).

[Issue 1] A9-22 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] AGRICULTURAL PRODUCE (EXPORT OF SPECIFIED PRODUCE) RULES, 1962 [L.N.

136/1962.] 1.

These Rules may be cited as the Agricultural Produce (Export of Specified Produce) Rules, 1962.

2.

These Rules shall apply to the agricultural produce specified in the Schedule.

3.

Notwithstanding anything contained in rule 4 of the Agricultural Produce (Export) (Horticultural Produce Inspection) General Rules, all exports by air of the agricultural produce specified in the Schedule may be contained in cotton net bags.

SCHEDULE [Rule 2.

] A9-23 [Issue 1] [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] AGRICULTURE PRODUCE (GRADING OF FRUITS AND VEGETABLES FOR EXPORT) RULES, 1969 [L.N.

191/1969.] 1.

These Rules may be cited as the Agricultural produce (Grading of Fruits and Vegetables for Export) Rules, 1969.

2.

In these Rules, except where the context otherwise requires asparagus means the young shoots or spears of Asparagus officinalis; avocadoes means the fruit of Persa Gratisisma or persea americana; brinjal means the fruit of Solanum melongena; courgettes means the immature fruits of cucurbita var.

medullosa; cucumber means the fruit of Cucumis satisvus; french beans means the immature seed pods of Phaseolus vulgaris; green capsicums or green chillies means the unripe fruits of Capsicum annum and Capsicum frutescens; mango means the fruit of Mangifera indica; melons means the fruit of Cucumis melo and water-melon means the fruit of Citrullus lunatus; passion fruit means the fruit of Passiflora edulis or Passiflora edulis forma flavicarpa or Passiflora quadrangularis; pawpaws means the fruit of Carica papaya; physallis or Cape Gooseberry, means the fruit of Physalis peruvina; pineapple means the fruit of Ananas comosus; strawberries means the fruit of Fragaria spp.

PINEAPPLES 3.

All pineapples intended for export shall be typical fruits of the smooth cayenne variety, symmetrical in shape, not malformed, nor affected by sunscorch or blemished in any way.

4.

No person shall export pineapples unless the crown of every pineapple is (a) single, upright, and of typical colour; (b) not wilted, bruised or yellow in colour or otherwise unattractive in appearance; (c) less than 66.67 per cent of the total length of such fruit: Provided that the stalk or butt of every such fruit shall be cut square and project in such a way that the base of the fruit is not in contact with the container.

5.

All pineapples intended for export shall be sufficiently mature in accordance with the market requirements, which may from time to time be indicated by the importers, so that they will ripen normally on or after arrival at their destination: Provided that the same shall not be so mature that spoilage would occur during transit.

A9-25 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] (1) All pineapples intended for export shall be packed in the following weight grades 2 to 3 kilograms; 2 to 2 kilograms; 2 to 2 kilograms; 2 to 2 kilograms; 1 to 2 kilograms; 1 to 1 kilograms; 1 to 1 kilograms; 1 to 1 kilograms: Provided that any consignment of a grade below 1 kilograms for export to the United Kingdom, shall be on specific request by the importer.

(2) A tolerance of up to 100 grams on any individual pineapple shall be permitted.

(3) The weight grade of the pineapples shall be clearly marked on the outside of every container.

(4) All pineapples in any one container shall be of the same weight grade.

(1) Every container of pineapples intended for export shall be deep enough to take the whole length of an individual pineapple without any crushing of the crown.

(2) When non-compartmented containers are used, individual pineapples shall be wrapped in clean paper other than newspapers and extra padding material shall be placed round, under and over them to make a firm pack.

(3) Pineapples in non-compartmented containers shall be packed in a single layer, lying on their sides with alternate fruits reversed: Provided that in the case of shipment by sea, pineapples shall be packed in such manner in such suitable container as approved by the Ministry of Agriculture.

(4) No extra padding material shall be used in containers which have individual compartments for each pineapple.

(5) The net weight of every packed container shall not exceed 22 kilograms.

AVOCADOES (1) All varieties of avocadoes intended for export shall be fresh, mature, evenly coloured, well formed and free of disease, insect or any mechanical damage.

(2) Every container of avocadoes intended for export shall have fruits of the same variety and of the same weight grade and the number of fruits contained therein shall be clearly marked on the outside of the container and a tolerance of variation in weight of individual fruits shall not be more than 50 grams.

(1) All avocadoes intended for export shall be packed in rigid single layer trays of timber or cardboard: Provided that the packed weight of every container shall not exceed 10 kilograms.

(2) Individual avocado fruits intended for export shall be wrapped in a clean tissue paper and the wrapped fruits packed with a suitable layer of padding material placed above and below the layer of fruits to ensure a tight pack.

[Issue 1] A9-26 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] FRENCH BEANS (1) All french beans intended for export shall be well formed with a minimum length of 10 centimetres of a good green colour, undamaged and without excessive seed development: Provided that when broken the pods shall snap cleanly without any protruding fibres.

(2) The pods in every container shall be of approximately the same length and size.

(3) The net weight of pods in every container shall be clearly marked on the outside of every such container.

(1) French beans intended for export shall be packed in well ventilated cardboard or timber containers.

The packed weight of each inner container shall not exceed 5 kilograms.

(2) Every container of french beans intended for export shall be lined with clean tissue paper and the pods packed therein shall be in even parallel rows.

PASSION FRUIT (1) All passion fruit intended for export shall be clean with dry smooth surface skin and have fresh appearance.

The surface skin of the fruit shall be free of disease, insect or any mechanical damage and have an appreciable purple or yellow colour depending on the variety.

(2) The fruit stalk of the passion fruit intended for export shall not exceed 10 millimetres in length and every fruit shall be of a size that it will not pass a circular hole of 25 millimetres in diameter.

13.

Every container of passion fruit intended for export shall be clearly marked on the outside with the number of individual fruits contained therein.

(1) Passion fruit intended for export shall be packed in rigid containers of timber or cardboard and such containers shall be perforated on the sides to facilitate free air circulation.

(2) Every container shall be packed with fruits in multiples of a dozen or ten: Provided that the packed weight of every container shall not exceed 10 kilograms.

(3) Every container shall be lined with clean tissue paper, under and over which is a suitable layer of padding material to ensure a firm pack.

STRAWBERRIES (1) All strawberries intended for export shall be mature, firm, skin-dry but not over-ripe: Provided that a fruit which has at least one-half of its skin showing a pink or red colour shall be considered mature.

(2) All strawberries intended for export shall be free from dirt, decay, disease, insect, mechanical damage or malformation and every fruit shall have its calyx attached.

(1) The maximum number of fruits packed per 114 grams punnet shall be fourteen except in the case of fraises du bois.

(2) All strawberries intended for export shall be packed in rigid ventilated punnets, squares or trays of a suitable size to contain not more than kilogram of fruit: Provided that the fruits in any one container shall be of reasonable even size and all such inner containers shall be packed in a rigid ventilated outer container to ensure adequate protection of the fruit during transit.

A9-27 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] (3) The total net weight of the packed container shall not exceed 6 kilograms.

(4) Every outer container shall be clearly marked on the outside with the number of punnets, squares or trays contained therein.

BRINJAL (1) All brinjal intended for export shall be mature, firm, well formed, coloured and free from dirt, decay, disease, insect or mechanical damage and each fruit shall have the calyx attached which shall be fresh in appearance.

(2) The stalk of each fruit shall be trimmed to a length of between 6 and 15 millimetres.

(1) All brinjal in every container shall be of the same weight grade and have similar varietal characteristics, the tolerance for variation in weight between individual fruits in every container being not more than 150 grams.

(2) All brinjal intended for export shall be packed in rigid ventilated containers of timber or cardboard, the net weight of which shall not exceed 10 kilograms.

(3) Every container shall be lined with clean tissue paper, under and over which there shall be a layer of suitable padding material to ensure a tight pack.

(4) Every container shall be clearly marked on the outside with the net weight of contents or number of fruits therein.

ASPARAGUS (1) Asparagus intended for export shall be fresh straight with tight buds and not tapering markedly between butt and tip and the spear shall be clean and undamaged.

(2) Asparagus intended for export shall be cut at the butt end of each spear and this cut shall be clean and at right angles to the length of the spear.

(3) There shall be the following grades of asparagus for export Super selected minimum length of spears 23 centimetres, and each kilogram bundle to contain not more than one dozen spears.

Extra selected minimum length of spears 23 centimetres, and each kilogram bundle to contain 13 to 16 spears.

Selected minimum length of spears 20 centimetres, and each kilogram bundle to contain not more than 28 spears.

(1) All asparagus intended for export shall be packed in bundles weighing kilogram each and the spears in every such bundle shall be of reasonably even diameter and length.

(2) Only one grade of asparagus intended for export shall be packed in any one container and each bundle of asparagus shall be wrapped in a single sheet of clean tissue paper which shall extend from the butts to within at least 2 centimetres of the tips and the bundle and the wrapper being secured with two ties of raffia or other suitable material other than rubber bands and string: Provided that the ties shall be made approximately 1 centimetres inside the top and bottom of the wrapper which may be printed with advertising material and the grade of asparagus contained therein.

[Issue 1] A9-28 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] (3) All asparagus intended for export shall be packed in rigid containers of timber or cardboard.

(4) Every container of asparagus intended for export shall be packed with not more than a single layer of bundles and the maximum number of bundles in every container shall not exceed twelve.

(5) Every container of asparagus intended for export shall be lined with clean tissue paper, under and over which there shall be a layer of suitable padding material to ensure a tight pack.

(6) Every container of asparagus intended for export shall be clearly marked on the outside with the number of bundles and the grade of asparagus contained therein.

21.

Asparagus intended for export shall reach the port of exit within 24 hours of harvesting and shall then be pre-cooled for not less than eight hours and not more than thirty-six hours at a minimum temperature of 40F.

and maximum temperature of 45F.

before being exported.

PHYSALIS (1) All physalis or cape gooseberries intended for export shall be mature, firm, dry but not overripe, golden in colour, and all fruits shall be free from dirt, decay, disease, insect, mechanical damage or malformation.

(2) The fruit of every physalis or cape gooseberries intended for export shall have its calyx attached and the calyx shall be dry, brown, clean and undamaged.

(3) All physalis or cape gooseberries intended for export shall be packed in rigid ventilated punnets and each punnet shall contain not more than seventy-five fruits and the top of each punnet shall be covered with a perforated sheet of cellophane secured with an elastic band.

(4) All punnets of physalis or cape gooseberries intended for export shall be packed in a well ventilated outer container of timber or cardboard which shall be of such a size as to hold not more than twelve punnets packed in a single layer with sufficient headroom to ensure that there shall be no crushing of the fruit.

(5) Every outer container of physalis or cape gooseberries intended for export shall be clearly marked on the outside with the following information Number of Punnets MANGOES 23.

All mangoes, except green preserving mangoes, intended for export shall be true to variety and be of any of the following varieties (a) Ngowe; (b) Boribo; (c) Apple; (d) Dodo; (e) Coloured Batawi; (f) Harries; (g) Kitovu; (h) Peach; (i) Rose: A9-29 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] Provided that an inspector may, in writing, and subject to such conditions as he may deem necessary, permit the export to neighbouring territories of fruit of other varieties in such quantities as he may think fit.

24.

Every container of preserving mangoes for export shall have clearly marked on the outside thereof the words preserving mangoes, not for consumption as fresh fruit.

25.

Mangoes intended for export shall be reasonably free from dirt, bruises, rub marks, visible insects, mango sap, punctures, disease, insect or any other damage or blemishes: Provided that mangoes intended for export to neighbouring territories, Aden and Persian Gulf ports may have such minor blemishes as will not, in the opinion of the inspector, cause deterioration of the fruit in transit.

(1) All mangoes intended for export shall be firm but not immature; for the purpose of this rule a mango whose interior flesh shows no colouring shall be deemed to be immature.

(2) An inspector may, in order to ascertain the maturity of fruits in any consignment, cut open not more than five single fruits from five separate containers or cut open single fruits up to a maximum of 2 per cent of the total number of containers whichever is the greater.

(1) All mangoes intended for export by air shall be packed in cardboard containers.

(2) All mangoes shall be individually wrapped in clean tissue paper and packed with sufficient padding material between each fruit so that no appreciable movement of fruit occurs within the container when it is shaken.

(3) For the purposes of this rule padding material shall comprise of woodwool or other suitable non-odoriferous material, but not coconut fibre, woodchips, woodshavings, sawdust and grass.

(4) Not more than one layer of fruit shall be placed in any one container.

28.

Mangoes intended for export by sea shall be packed in rigid wooden boxes, which may contain more than one layer of fruit, provided there is, between each fruit and between each layer of fruit, sufficient padding material so that no appreciable movement of the fruit takes place when the box is shaken.

29.

Every container of mangoes intended for export shall be clearly marked on the outside with the name of the variety and the number of fruits contained therein: Provided that an inspector may exempt from the provisions of this rule such small quantities, as he may think fit, of mangoes intended for export to the neighbouring territories.

30.

All mangoes intended for export shall before despatch be cooled at a temperature between 40F.

and 50F.

for a period not less than 12 hours and not more than 36 hours: Provided that an inspector may exempt from the provisions of his rule such small quantities, as he may think fit, of mangoes intended for export to neighbouring territories.

CAPSICUMS (1) All green capsicums and green chillies intended for export shall be mature, firm, well formed and reasonably free from dirt, disease, insect or any other damage.

(2) All individual green capsicums in any container shall be of approximately the same size.

[Issue 1] A9-30 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] (3) All green capsicums intended for export shall be packed in rigid ventilated timber or cardboard containers and the net weight of each packed container shall not exceed 6 kilograms.

(4) The net contents in weight shall be clearly indicated on the outside of each container.

PAWPAWS (1) All varieties of pawpaws intended for export shall be fresh, mature, well formed, firm and free from dirt, disease, insect or mechanical damage, and shall be washed of all pawpaw sap on the surface.

(2) Every container of pawpaws intended for export shall have fruits of similar varietal characteristics, shape, size and such fruits shall be of the same weight grade: Provided that the number of fruits contained therein shall be clearly marked on the outside of the container and a tolerance of variation in weight of individual fruits shall not be more than 100 grams.

(3) All pawpaws intended for export shall be individually wrapped in clean tissue paper and packed in rigid single layer trays of timber or cardboard.

The wrapped fruits shall be packed with a suitable layer of padding material placed above and below the layer of fruits to ensure a tight pack: Provided that the packed weight of every container shall not exceed 10 kilograms.

MELONS (1) All varieties of melons or water-melons intended for export shall be fresh, mature, well formed, firm and free of dirt, disease, insect or any other damage or blemish.

(2) Every container of melons or water-melons intended for export shall have fruits of similar varietal characteristics, same shape and size, and such fruits shall be of the same weight grade: Provided that the number of fruits contained therein shall be clearly marked on the outside of the container and a tolerance of variation in weight of individual fruits shall not be more than 100 grams.

(3) All melons or water-melons intended for export shall be individually wrapped in clean tissue paper and packed in rigid single layer tray of timber or cardboard.

The wrapped fruit shall be packed with a suitable layer of padding material placed above and below the layer of fruits to ensure a tight pack and prevent damage during transport: Provided that the packed weight of every container shall not exceed 10 kilograms.

CUCUMBERS OR COURGETTES (1) All cucumbers or courgettes intended for export shall be fresh, of uniform green colour, reasonably straight in shape and of uniform thickness; and the seeds shall be immature and the seed coat shall be soft.

(2) All cucumbers or courgettes intended for export shall be free of dirt, disease, decay, insect or mechanical damage.

(3) Every container of cucumber or courgettes intended for export shall have fruits of similar varietal characteristics, and shall have the same shape and size.

(4) All cucumbers or courgettes intended for export shall be packed in rigid containers of timber or cardboard with perforations in the sides to ensure free air circulation.

The containers shall be lined with clean tissue paper under and over which a suitable padding material is placed to ensure a tight pack: Provided that the packed weight of every container shall not exceed 10 kilograms.

A9-31 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] 35.

These Rules are in addition to and not in derogation of the Agricultural Produce (Export) (Horticultural Produce Inspection) Rules.

36.

The Agricultural Produce (Grading of Fruits and Vegetables for Export) Rules (Cap.

319, Sub.

Leg.) are revoked.

[Issue 1] A9-32 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] DECLARATION OF ARTICLES AS AGRICULTURAL PRODUCE/PRODUCTS, 2001 [L.N.

11/2001.] ARTICLES DECLARED TO BE AGRICULTURAL PRODUCE FOR THE PURPOSE OF THE ACT UNDER SECTION 2 SCHEDULE All plants and their products as specified in the First, Second and Third Schedules to the Plant Protection Act (Cap.

324).

Coffee husks as defined in the Coffee Act (Cap.

333).

Tea and tea dust as defined in the Tea Act (Cap.

343).

Sisal and sisal products as defined in the Sisal Industry Act (Cap.

341).

Pyrethrum followers, dust and mare as defined in the Pyrethrum Act (Cap.

340).

Sunflower and sunflower meal.

Bixa annato and products.

Coconut and coconut products.

Cotton seed cake and cotton bales as defined in the Cotton Act (Cap.

335).

Wheat bran and products, wheat flour and products (all types of other wheat and meslin) as defined in National Cereals and Produce Board Act (Cap.

338).

Maize and maize germ meal, maize and maize products (maize starch, maize grouts) white maize, maize seed, yellow maize, corn/maize products as defined in National Cereals and Produce Board Act (Cap.

338).

Cashewnuts (raw or canned).

Simsim.

Rapeseed.

Groundnut and groundnut meal, peanut kernels.

Green grams.

Lentils (yellow grams).

Black grams.

Aloes (cultivated types) (wild ones are protected).

Gum Arabica.

Gur gum, vegetable gum.

A9-33 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] Dried flowers: dried plants, bulb plant, cuttings.

Pigeon peas.

Peas, green peas.

Cow peas.

Sorghums (all types).

Wattle and wattle extract.

Tobacco leaves.

Poppy seeds plant and leaves prohibited.

Coca seeds, plant and leaves prohibited.

Paparver seed, plant and leaves prohibited.

Cannabis sativa plant, seeds and leaves prohibited.

Grass seed, grass for brooms.

Rice paddy, semi-milled, polished or parboiled.

Beeswax.

Mushroom spawns.

Spices, assorted spices and herbs.

Fish meal.

Soya beans and soya meal or blend.

Cassava and cassava products.

Colocasia and its products.

Dried vegetables (all types).

Cut plants, flowers and foliage.

Indian clay roasted.

Sweet potato and its products.

Malting barley and malt.

Jute bags and twines.

Horticultural produce other than those already declared to be articles and as defined in the Horticultural Crops Development Authority Order, 1995.

Cat and dog food.

Cocoabeans, cocoapress, cocoa powder and cake.

Seeds beans and other pulses, kidney beans.

[Issue 1] A9-34 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] Seeds for sowing (all types).

Animal feeds (all types).

Powder of Tamarind.

Tumeric finger.

Meat and bone meal.

Chillies powder.

Dates.

Mixed cereals (meslin, rye, triticales, oats).

Benitonite.

Other foodstuffs (flour, meal, starch).

Mustard flour.

Cassava starch.

Vegetable seeds.

Roasted clay.

Milk powder.

Atta flour.

Sanitary ware.

This notice shall be deemed to have come into operation on 10th March, 1998.

A9-35 [Issue 1] CAP.

319 [Rev.

2012] Agricultural Produce (export) [Subsidiary] [Issue 1] A9-35 [Rev.

2012] CAP.

319 Agricultural Produce (export) [Subsidiary] A9-35 [Issue 1].

Frequently asked questions

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M-Wakili (Wakili AI) is an advanced AI-driven legal aide proficient in interpreting Kenyan law.
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