Crops (Bixa) Regulations, Legal Notice no. 145 of 2025

NATIONAL COUNCIL FOR hit LAW REPORTING 16, LIBRARY SPECIAL ISSUE 1395 Kenya Gazette Supplement No. 152 28th August, 2025 (Legislative Supplement No. 76) LEGAL NOTICE No. 145 THE CROPS ACT (Cap. 318) THE CROPS (BIXA) REGULATIONS, 2025 ARRANGEMENT OF REGULATIONS Regulation PART 1—PRELIMINARY 1—Citation. 2—Interpretation. 3—Objects of the Regulations. PART II— REGISTRATION, LICENSING AND ISSUANCE OF PERMITS 4—Registration of growers' associations. 5—Registration of bixa dealers. 6—Licensing of commercial bixa nursery operators. 7—Licensing of bixa agents. 8—Issuance of a letter of no objection. 9—Certificate of Compliance. 10—Issuance of a bixa processing licence. 11—Licensing of bixa exporters. 12—Licensing of a Bixa importers. 13—Issuance of bixa export permits. 14—Issuance of bixa import permits. 15—Revocation of licences. 16—Revocation of certificates of registration. 17—Validity of a licence and certificate of compliance. 18—Transferability of licence, registration certificate or a permit. PART III —QUALITY ASSESSMENT 19—Planting materials. 20—Quality assurance for postharvest handling of bixa 1396 Kenya Subsidiary Legislation, 2025 21—Traceability. 22—Contracts between growers and dealers. 23—Appointment of inspectors. 24—Inspection and verification. 25—Establishment of the Pricing formula committee. PART IV — GENERAL PROVISIONS 26—Returns. 27—Imposition of fees by county governments. 28—Imposition of bixa levy. 29—General penalty. Kenya Subsidiary Legislation, 2025 1397 IN EXERCISE of the powers conferred by section 40 of the Crops Act, the Cabinet Secretary for the Agriculture and Livestock Development, in consultation with the Authority and the county governments, makes the following Regulations— THE CROPS (BIXA) REGULATIONS, 2025 PART I—PRELIMINARY 1. These Regulations may be cited as the Crops (Bixa) Regulations, 2025. 2. In these Regulations, unless the context otherwise requires— "agent" means a person who is licensed under these Regulations to buy, collect and transport bixa from growers and sell to a licensed bixa processor; "Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act; "bixa" means the plant that is botanically known as Bixa orellana or part of the plant, part of any inter-specific hybrid involving this species or part of any progeny of such hybrid and includes bixa seeds; "bixa product" means any extract or substance obtained or derived from bixa by any treatment or processing and includes bixin and norbixin; "commercial nursery operator" means a person who propagates bixa planting material for sale; "Committee" means the bixa Pricing Formula Committee established under regulation 25; "County Executive Committee Member" means the member of the County Executive Committee responsible for matters relating to agriculture; "crops inspector" means a person appointed as an inspector in accordance with regulation 23; "dealer" includes an agent, processor, exporter or importer of bixa; "Directorate" means a directorate of the Authority established pursuant to section 11 of the Agriculture and Food Authority Act to deal with matters relating to bixa; "export" means to take or cause bixa or bixa products to be taken out of the Kenya customs territory or to an export processing zone; "export consignment" means the quantity of bixa that an exporter intends to export as declared by the applicant of an export permit; "export permit" means authorization granted by the Authority to take bixa or bixa products out of the Kenya customs territory or to an export processing zone; "financial year" means the period of twelve months ending on the thirtieth of June in every year. Citation. Interpretation. (Cap. 317) 1398 Kenya Subsidiary Legislation, 2025 "grower" means a person who cultivates bixa; "growers association" means a group of bixa growers who come together for purposes of marketing their produce under a common quality management system and are registered by the Authority; "import consignment" means the quantity of bixa declared for import; "import permit" means authorization granted by the Authority to bring bixa or bixa products into the country; "Kenya Plant Health Inspectorate Service" means the Kenya Plant Health Inspectorate Service established under section 3 of the Kenya Plant Health Inspectorate Service Act; (Cap. 349) "mother block" means an established area for bixa plants that is known to be free from diseases and true to type and is used as a source of stock for propagation for the purpose of obtaining clean grafting or budding material; "processor" means a person who extracts bixin or other products from bixa; "smallholder bixa grower" means a grower who grows less than fifty bixa trees. 3. The objects of these Regulations are to — Objects of the Regulations. (a) safeguard the quality and safety standards of bixa and bixa products; (b) enhance productivity and income of bixa growers and other value chain actors; (c) enhance the growth and development of the bixa sub-sector; and (d) attract investment opportunities and improve the efficiency of agribusiness services in the bixa industry. PART II— REGISTRATION, LICENSING AND ISSUANCE OF PERMITS economies of scale, form a growers' association and apply to the Authority for registration of the association. 4. (1) Smallholder Bixa growers may, for purposes of accessing growers' associations. Registration of (2) An application for registration under subsection (1) shall be made, at no fee, to the Authority in Form Bx 1 set out in the First Schedule. (3) The Authority shall, within fourteen days of receipt of the application — (a) issue to a successful applicant a certificate of registration in Form Bx2 set out in the First Schedule, if satisfied that the information or documents required in the application form have been provided and are accurate; or Kenya Subsidiary Legislation, 2025 1399 (b) reject the application if the applicant does not provide accurate information or documents required in the application form and communicate its decision to the applicant in writing, giving reasons for the rejection. (4) Where the reasons for the rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration. (5) A registered growers association shall submit updated particulars of its members to the Authority annually before the thirty first day of the first month of the financial year. 5. (1) A person shall not carry on business as a bixa dealer unless the person is registered as such by the Authority and has been issued with a certificate of registration by the Authority. (2) A person who intends to deal in bixa shall apply to the Authority for registration in Form Bx3 set out in the First Schedule. (3) The Authority shall, within fourteen days of receipt of the application — (a) issue to a successful applicant a certificate of registration in Form Bx4 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or (b) reject the application if the applicant does not provide accurate information or documents required in the application form and communicate its decision to the applicant in writing, giving reasons for the rejection. (4) Where the reasons for rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration. (5) The Authority shall share with each county government the list of all registered dealers in that county. (6) A person who contravenes paragraph (1) commits an offence and shall be liable upon conviction to the penalty provided in section 16(4) of the Act. 6. (1) A person shall not establish or operate a commercial bixa nursery unless the person holds a valid licence issued by the respective county government. (2) A person who seeks to establish or operate a commercial bixa nursery shall apply to the respective county government for a licence in Form Bx5 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) A County Executive Committee Member shall not issue a licence unless an inspector has visited and inspected the site and has confirmed that the applicant complies with the following requirements — Registration of bixa dealers. Licensing of commercial bixa nursery operators. 1400 Kenya Subsidiary Legislation, 2025 (a) the land is suitable for propagating bixa seedlings; (b) the site is well served with a reliable irrigation quality water; (c) the site is accessible for inspections and collection of planting material; and (d) the land is gently sloping and the soil type is of good drainage and does not allow water logging. (4) A County Executive Committee Member shall — (a) if satisfied that the applicant meets the requirements in paragraph (3), issue a licence to the applicant in Form Bx6 set out in the First Schedule; or (b) if the applicant does not meet the requirements in paragraph (3), reject the application and notify the applicant in writing of the decision, giving reasons for the rejection. (5) Where the requirements in paragraph (3) have been met, the applicant whose application is rejected under paragraph (4) may resubmit the application to the respective county government for consideration. (6) A licence for a commercial bixa nursery operator shall not be transferrable and shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. (7) An application for renewal of a licence shall be made to the respective county government at least one month before the expiry date of the licence. (8) The County Executive Committee Member shall, annually, share with the Authority a list of all licensed commercial bixa nursery operators. (9) A person who contravenes paragraph (1) commits an offence. 7. (1) A person shall not operate as a bixa agent unless the person has a valid licence issued by the respective county government. (2) A person who intends to operate as a bixa agent shall apply to the respective county government for a licence in Form Bx7 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The county government shall not issue a licence to an applicant unless an inspector has visited and inspected the applicant's warehouse or store and confirmed that the warehouse or store— (a) is accessible to growers and dealers; (b) is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and (c) has a waste disposal facility. (4) The county government shall, within fourteen days from the receipt of the application— Licensing of bixa agents. Kenya Subsidiary Legislation, 2025 1401 (a) issue a licence to a successful applicant in Form Bx8 set out in the First Schedule if satisfied that applicant meets the requirements in paragraph (3) and the information or documents required in the application form have been provided and are accurate; or (b) if the applicant does not meet the requirements in paragraph (3) or provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection. (5) Where the reasons for the rejection under paragraph (4)(b) have been addressed, the applicant may resubmit the application for consideration. (6) A person who contravenes paragraph (1) commits an offence. 8. (1) A person shall not set up a bixa processing facility unless the person has been issued with a letter of no objection by the Authority. (2) A person who intends to set up a bixa processing facility shall apply to the Authority for a letter of no objection in Form Bx9 set out in the First Schedule. (3) The applicant shall carry out a feasibility study and submit to the Authority a report that provides information on — (a) the socio-economic impact of the facility; (b) environmental safe guards; (c) the technical capacity of the personnel; (d) source of raw material (nuclear farms, contracted growers, bixa agents); (e) processing capacity of the proposed facility; (f) the target products; and (g) the target markets. (4) The Authority shall evaluate the feasibility report submitted under paragraph (3) and undertake an inspection of the site and shall, within thirty days from the date of receipt of the application — (a) issue a letter of no objection to the applicant in form Bx10 set out in the First Schedule, if the Authority is satisfied with the feasibility report and the outcome of the inspection; or (b) reject the application and notify the applicant in writing of the reasons for rejection, if the Authority is not satisfied with the feasibility report and the outcome of the inspection. (5) The letter of no objection issued under paragraph (4)(a) shall authorize the applicant to commence installation of a processing plant and contract growers or engage bixa agents to provide raw materials. Issuance of a letter of no objection. 1402 Kenya Subsidiary Legislation, 2025 (6) The letter of no objection issued under paragraph (4)(a)— (a) shall be valid for two years from the date of issue; and (b) may, upon evaluation of the installation progress, be renewed by the Authority. (7) The Authority may revoke a letter of no objection issued under paragraph (4)(a) if — (a) the applicant made material misrepresentation or a false declaration in the application; (b) the letter of no objection was otherwise obtained through corruption or fraud; (c) a condition of the letter of no objection has been breached and no remedial measures have been taken; or (d) the applicant has contravened the provisions of the Act or these Regulations. (8) The Authority shall, before revoking the letter of no objection under paragraph (7), give the holder a twenty-one days' notice to show cause why the letter of no objection should not be revoked and the decision of the Authority in the matter shall be final. (9) A person who contravenes paragraph (1) commits an offence. 9. (1) A person shall not process bixa or any bixa product unless the person has been issued with a valid certificate of compliance by the Authority. (2) The holder of a letter of no objection issued under regulation 8 shall, upon completion of installation of the processing plant and compliance with the conditions set out in the letter of no objection, notify the Authority of the completion and request the Authority in Form Bx 1 1 to inspect the completed plant and issue a certificate of compliance. (3) The Authority shall, upon receiving the notification under paragraph (2), inspect the completed plant to confirm that the applicant complies with the following requirements — (a) the applicant has demonstrated its source of bixa; (b) the facility meets food grade standards; (c) the applicant has paid for all the produce collected from growers, where applicable; (d) the applicant has officers with the technical capacity to run the processing plant; the processing plant has clear documentation and document control procedures for all its processes; (f) the processing plant has potable water and adequate sanitation facilities; the processing plant has floors, doors, walls and surfaces made with materials which are easy to clean and disinfect; and (e) (g) Certificate of compliance Kenya Subsidiary Legislation, 2025 1403 (h) the applicant has a traceability system for all bixa and bixa products. (4) The Authority shall, before granting a certificate of compliance, publish a notice in the Gazette, inviting objections to the grant of the certificate of compliance to submitted, in writing, to the Authority within a period of thirty days from the date of publication of the notice. (5) The Authority shall, at the end of the notice period specified in paragraph (4) and after considering the any objections raised under paragraph (4), issue an applicant with a certificate of compliance in Form Bx12 set out in the First Schedule if the applicant meets the requirements in paragraph (3) and upon payment of the fee prescribed in the Second Schedule. (6) A certificate of compliance shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. (7) A processor may, upon the expiry of a certificate of compliance, apply for the renewal of the certificate of compliance in Form Bx13 set out in the First Schedule. (8) The Authority shall not renew a certificate of compliance unless the requirements of paragraph (3) and (4) have been complied with. (9) A person who contravenes paragraph (1) commits an offence. 10. (1) A person shall not process bixa or any bixa product without a valid licence issued by the respective county government. (2) A person who intends to process bixa or any bixa product shall apply to the respective county government for a licence in Form Bx14 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The county government shall within fourteen days of receipt of the application — (a) issue a licence to a successful applicant in Form Bx15 set out in the First Schedule, if satisfied that the information or documents required in the application form have been provided and are accurate; or (b) if the applicant does not provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection. (4) Where the reasons for the rejection under paragraph (3)(b) have been addressed, the applicant may resubmit the application to the respective county government for consideration. (5) Each county government shall maintain a register of licensed bixa processors. Issuance of a bixa processing licence. 1404 Kenya Subsidiary Legislation, 2025 (6) A person who contravenes paragraph (1) commits an offence and shall be liable to penalty specified in section 19 of the Act. 11. (1) A person shall not carry on business as a bixa exporter unless the person has been issued with an export licence by the Authority. (2) A person who intends to export bixa or any bixa product shall apply to the Authority for an export licence in Form Bx16 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The Authority shall not issue an export licence to an applicant unless the applicant has — (a) demonstrated the source of bixa or bixa products; and (b) a warehouse or store for handling, packaging, packing and grading bixa or bixa products that — (i) is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and (ii) has a waste disposal facility. (4) The Authority shall within fourteen days of receipt of the application — (a) issue an export licence to a successful applicant in Form Bx17 set out in the First Schedule, if satisfied that the requirements in paragraph (3) have been met and the information or documents required in the application form have been provided and are accurate; or (b) if the applicant does not meet the requirements in paragraph (3) or does not provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection. (5) Where the reasons for the rejection under paragraph (4)(b)) have been addressed, the applicant may resubmit the application to the Authority for consideration. (6) A person who contravenes paragraph (1) commits an offence. 12. (1) A person shall not carry out business as a bixa importer unless the person has been issued with an import licence by the Authority. (2) A person who intends to import bixa or any bixa product shall apply to the Authority for a licence in Form Bxl8 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The Authority shall not issue an import licence to an applicant unless the applicant has — (a) demonstrated the source of bixa or bixa products; and Licensing of bixa exporters. Licensing of bixa importers. Kenya Subsidiary Legislation, 2025 1405 (b) a warehouse or store for handling, packaging, packing and grading bixa or bixa products that — (i) is designed to allow for adequate ventilation, lighting, effective produce inspection and is made of acceptable material; and (ii) has a waste disposal facility. (4) The Authority shall, within fourteen days of receipt of the application — (a) issue an import licence to a successful applicant in Form Bx19 set out in the First Schedule if satisfied that the requirements in paragraph (3) have been met and the information or documents required in the application form have been provided and are accurate; or (b) reject the application if the applicant does not meet the requirements in paragraph (3) or does not provide accurate information or documents required in the application form and notify the applicant of the decision in writing, giving reasons for rejection. (5) Where the reasons for the rejection under paragraph (4)(b) have been addressed, the applicant may resubmit the application to the Authority for consideration. (6) A person who contravenes paragraph (1) commits an offence. 13. (1) A person shall not export bixa or any bixa product unless the person has a valid export permit issued by the Authority for each export consignment. (2) A person who intends to export bixa or any bixa product shall apply to the Authority for an export permit for each consignment of bixa or bixa product in Form Bx20 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The Authority shall, within two days of receipt of an application under paragraph (1)— (a) issue an export permit to a successful applicant in Form Bx21 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or (b) if the applicant does not provide accurate information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection. (4) A person who contravenes paragraph (1) commits an offence. 14. (1) A person shall not import bixa or any bixa product unless the person has a valid import permit issued by the Authority for each import consignment. Issuance of bixa export permits. Issuance of bixa import permits. 1406 Kenya Subsidiary Legislation, 2025 (2) A person who intends to import bixa or any bixa product shall apply to the Authority for an import permit for each consignment of bixa or bixa product in Form Bx22 set out in the First Schedule and the application shall be accompanied by the fee prescribed in the Second Schedule. (3) The Authority shall within two days of receipt of an application under paragraph (1)— (a) issue an import permit to a successful applicant in Form Bx23 set out in the First Schedule if satisfied that the information or documents required in the application form have been provided and are accurate; or (b) if the applicant does not provide the information or documents required in the application form, reject the application and notify the applicant of the decision in writing, giving reasons for rejection. (4) A person who contravenes paragraph (1) commits an offence. 15. (1) A licensing authority may revoke a licence issued under these Regulations if — (a) the conditions of issuance of the licence are contravened; or (b) the holder of the licence or an employee of the holder commits an offence under the Act or these Regulations. (2) The licensing authority shall, before revoking a licence give the holder of the licence an opportunity to be heard and to make representations in that regard. (3) Upon revocation of a licence under paragraph (1), the licence shall immediately cease to have effect and the holder of the licence shall immediately surrender the licence to the licensing authority. 16. A certificate of registration issued to a dealer under these Regulations shall be issued once but may be revoked if the holder of the certificate does not apply for or renew the requisite licence for three consecutive years. 17. A licence or a certificate of compliance issued under these Regulations shall remain in force until the thirtieth of June next following the date of issue, unless earlier cancelled. 18. (1) A certificate of registration, licence or a permit issued under these Regulations shall not be transferable to another person. (2) A person who contravenes paragraph (1) commits an offence. PART III —QUALITY ASSESSMENT 19. (1) A nursery operator shall not sell planting materials that have not been certified by the Kenya Plant Health Inspectorate Service. (2) A person who contravenes this regulation commits an offence. Revocation of licences. Revocation of certificates of registration. Validity of a licence and certificate of compliance. Transferability of licence, registration certificate or a permit. Planting materials. Kenya Subsidiary Legislation, 2025 1407 Quality assurance for postharvest handling of bixa. 20. (1) A dealer shall collect, buy, sell, export or import only mature bixa. (2) Any produce handling facility including a warehouse, store, collection centre, working area or designated point shall be kept free of waste materials. (3) The packaging, storage or transportation of bixa shall be in a manner that does not contaminate the bixa. (4) Bixa and bixa products shall be of food grade standard. (5) The packaging material used for bixa produce shall be of food grade standard. (6) A single package of bixa shall not exceed fifty kilogrammes. (7) A person who contravenes any provision of this regulation commits an offence. 21. (1) A dealer in bixa or any bixa products shall put in place a traceability system developed by the Authority or approved by the Authority. (2) A dealer shall — (a) keep a record of the source of bixa and the persons to whom it is sold; (b) be responsible for quality and safety of bixa; (c) ensure that any bixa package is labelled with a code indicating the country code, county code, farm name and location of the farm; and (d) withdraw and dispose of unsafe bixa or bixa products from the distribution chain. (3) A person who contravenes paragraph (1) or (2) commits an offence. Traceability. 22. (1) Where a bixa grower has entered into a contract with a Contracts between dealer, the contract may contain the following minimum requirements growers and dealers. (a) the amount of money to be paid for the quantity of bixa collected or delivered; (b) the collection and delivery point and timelines; (c) the payment timelines and mode; (d) the duration of the contract; (e) the timelines for review of the terms and conditions of the contract; (f) the contracted quantity in kilogrammes; (g) transfer of ownership; 1408 Kenya Subsidiary Legislation, 2025 (h) breach of contract; and (i) termination of the contract. (2) A bixa dealer and a bixa grower may adopt the sample agreement set out in the Third Schedule. 23. (1) The Authority shall, by notice published in the Gazettte, appoint inspectors to carry out inspections of bixa and bixa products. (2) A county government may nominate county inspectors for appointment by the Authority. (3) A person qualifies to be appointed as an inspector under these Regulations if the person possesses the following minimum qualifications — (a) holds a bachelors degree in agriculture or related field from a university or academic institution recognized in Kenya; (b) holds a diploma in agriculture from an academic institution recognized in Kenya and two years' experience in agriculture extension service work; and (c) complies with Articles 6 and 232 of the Constitution of Kenya. (4) The Authority shall train nominee inspectors before appointing them under paragraph (1). (5) A person who purports to carry out the functions of an inspector without having been duly appointed in accordance with these Regulations commits an offence. 24. (1) The Authority or a county government shall— (a) conduct inspections and compliance audits of nursery operators, agents, processors, importers and exporters from time to time to ensure compliance with the Act and these Regulations; and (b) provide feedback to the industry players on non-conformity and build the capacity for corrective measures pursuant to the inspections and audits undertaken. (2) An inspector shall — (a) monitor the activities associated with bixa production, dealing, handling and processing to ensure compliance with the Act and these Regulations; (b) regularly undertake surveillance and inspection to ensure that nursery operators, agents, processors, exporters and importers of bixa and bixa products adhere to the Act and these Regulations; and (c) periodically audit food safety management systems implemented by agents and processors. Appointment of inspectors. Inspection and verification. Kenya Subsidiary Legislation, 2025 1409 (3) An inspector who has reasonable grounds may enter any land or premises or stop and enter into a vessel used for holding or transporting bixa or bixa products for purposes of ascertaining that it conforms to the requirements of the Act and these Regulations or for the performance of the functions or powers conferred under the Act and these Regulations. 25. (1) There is hereby established the Bixa Pricing Formula Committee which shall determine the pricing formula of bixa and bixa products. (2) The Committee shall comprise of the following members appointed by the Cabinet Secretary — (a) one representative from the ministry responsible for matters relating to agriculture; (b) one representative from the ministry responsible for matters relating to trade; (c) one representative from the Authority; (d) one County Executive Committee Member for agriculture nominated by the Council of County Governors; (e) three representatives of growers nominated by growers' associations; and (f) two representatives of processors. (3) The members of the Committee shall, at its first meeting — (a) elect the chairperson from the members appointed under paragraph 1(e) or (f); and (b) set the procedures for conducting meetings of the Committee. (4) The Committee shall consider the following parameters formulating the bixa pricing formula — (a) the cost of production; (b) the supply and demand forces; and (c) any other prevailing factors. (5) The Authority shall provide secretariat services to the Committee. (6) The Committee may whenever necessary co-opt experts to provide technical advice. (7) The members of the Committee under paragraph 1(e) and (f) shall serve for a non-renewable term of three years. PART IV — GENERAL PROVISIONS 26. (1) A commercial nursery operator shall submit annual returns to the county government in Form Bx24 set out in the First Schedule not later than the tenth day of the first month after the end of the financial year. in Establishment of the Pricing formula committee. Returns. 1410 Kenya Subsidiary Legislation, 2025 (2) A bixa agent shall submit biannual returns to the Authority in Form Bx25 set out in the First Schedule not later than the tenth day of January and the tenth day of July. (3) A bixa processor shall submit quarterly returns to the Authority in Form Bx26 set out in the First Schedule. (4) A bixa exporter or bixa importer shall submit quarterly returns to the Authority in Form Bx27 set out in the First Schedule. 27. (1) Any fee imposed by a county government on Bixa shall be in accordance section 17 (2) and (3) of the Act. (2) Any charge on bixa produce that is on transit shall be charged once at the point of exit in the county of origin. 28. (1) There shall be imposed a levy on exported and imported bixa and bixa products for purposes of development of the bixa subsector. (2) The export levy shall be charged at the rate of one percent (1%) of the Free on Board value of any bixa product and three percent (3%) of the Free on Board value of raw bixa. (3) The import levy shall be charged at the rate of two percent (2%) of the customs value of bixa or bixa product. (4) The levy due under paragraph (2) or (3) shall be remitted to the Authority not later than the tenth day of the month following the month during which the levy was due. (5) Any levy imposed under this regulation which remains unpaid shall be recovered by the Authority as a civil debt due to it from the person by whom it is payable. (6) A person who does not pay or remit the levy on time as provided for under these Regulations when directed by the Authority in writing, shall in addition to paying the levy pay an interest of five percent (5%) of the amount due for each month or part thereof during which the amount due remains unpaid. 29. A person who commits an offence under these Regulations for which no penalty is provided shall be liable, upon conviction, to the penalty in section 37 of the Act. Imposition of fees by county governments. Imposition of bixa levy. General penalty. Ownership Geolocation (XY) No: of trees Farming system (Rainfed/ Irrigated Certification Name ID. No. Tel.No. Age Sex LRNo Variety Kenya Subsidiary Legislation, 2025 1411 FIRST SCHEDULE—FORMS FORM Bxl (r. 4(2)) fps Cs' 1:1 41171 .............. AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Growers' Association Application Registration Form A — Particulars of Applicant 1.Name of applicant 2.Registration No 3.Address 4.Telephone No 5. County Sub-County Ward Requirements 1.! Entity's certificate of registration 2.! List of members in the format below Date Signature Applicant or it's duly authorized agent 1412 Kenya Subsidiary Legislation, 2025 FORM Bx2 (r. 4(3)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Growers' Association Registration Certificate Certificate No Serial No. MPICD/Bixa/ Grower Association Registration No This Certificate of registration is granted to of P.O. Box in building/street Ward Sub- County County in the Republic of Kenya. ISSUED this Day of 20 Signed Director General Agriculture and Food Authority Kenya Subsidiary Legislation, 2025 1413 FORM Bx3 (r.5(2)) OreCapbewlisaIlv AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Application for Registration as a Bixa Dealer Serial No: AFA/MPICD/..... I/ We of Ward Sub-County County Postal Address Telephone E-mail LR. No/ Town street hereby apply for registration to be a: ( tick as appropriate ) i.! bixa agent [ ] ii.! processor [ ] iii.! exporter [ ] iv.! importer [ ] Attach— (a)! A copy of registration certificate/certificate of incorporation, (b)! Copies of IDs/Passports of directors (c)! CR12 where applicable (d)! Copy of KRA pin certificate I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: 1414 Kenya Subsidiary Legislation, 2025 FORM Bx4 (r.5(3)) Oar Ceepss Ow *sigh. AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Dealer Registration Certificate Certificate No This is to certify that of P.O. Box LR. No in Ward Sub- County County is duly registered in the Republic of Kenya as a (insert appropriately); ISSUED this Day of 20 Signed Director General, Agriculture and Food Authority Xenya Subsidiary Legislation, 2025 1415 FORM Bx5 (r. 6(2)) The County Government of Serial No. County code/Bixa/ Application for Bixa Commercial Nursery Operator's Licence Personal Information Name of Applicant• Address: Postal Email Telephone: Nursery Location i) County ii) Sub-County iii) Ward L.R No or Plot No Attach: a) A copy of registration certificate/certificate of incorporation b) Copies of IDs/Passports of directors c) CR12 where applicable d) Copy of KRA pin certificate e) Copy of title deed / lease hold/ contract I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: 1416 Kenya Subsidiary Legislation, 2025 County Government of Bixa Commercial Nursery Operator's Licence Serial No. County code/bixa/ This is certify that of postal address having a commercial nursery at County.LR No. has been duly licensed by the County Government. This licence is valid from to Terms and Conditions: A Commercial Nursery Operator shall - a) Propagate planting material from a certified source b) Issue a receipt for all sales of planting materials c) File annual returns to the County Government ISSUED on this Day of 20 CECM Agriculture: Name Signature Official Stamp FORM Bx6 (r. 6(3) Kenya Subsidiary Legislation, 2025 1417 FORM B x7 (r.7(2)) County Government of Bixa Agent Licence Application Form Serial No: AFA/MPICD/.... of Ward Sub-County County Postal Address Telephone E-mail LR. No street hereby apply for bixa agent licence. Attachments a) A copy of registration certificate/certificate of incorporation b) Copies of IDs/Passports of directors c) CR12 where applicable d) Copy of KRA pin certificate e) Copy of duly executed contract between the agent and a licensed processor. I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: 1418 Kenya Subsidiary Legislation, 2025 FORM Bx8 County Government of (r. 7(4)) Bixa Agent Licence Licence No This is to certify that of P.O. Box in Ward Sub-County County is a duly authorized bixa agent in the Republic of Kenya. This licence is valid from to Conditions: A bixa agent shall- 1. Pay growers for bixa collected as per agreements 2. Submit biannual returns to the Authority ISSUED on this Day of 20 CECM Agriculture: Name Signature Official Stamp Kenya Subsidiary Legislation, 2025 1419 FORM Bx9 (r. 8(2)) Our Coop$ AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Serial No.: AFA/MPICD/ Application Form for Letter of No Objection 1.! Uwe (Director/Directors/Agents of (Name of Business Enterprise) Apply for a Letter of No Objection to establish a bixa processing facility. 2.! Registered office , of the processing facility will be situated at. Ward Sub-County County Postal Address LR. No street 3.! Produce source and Processed Factory capacity (a)! Source of raw material ... (Nuclear farms) (Contracted)... (Bixa agent) (b)! Processing capacity of the proposed facility (c)! Target product(s) (d)! Target market for the product(s) Attachments: i.! A copy of registration certificate/certificate of incorporation ii.! CR12 iii.! Copies of IDs/Passports of directors iv.! Profiles of the investor(s), directors or principal officers v.! Valid Tax Compliance Certificate vi.! Copy of project profile or feasibility study report showing the implementation period, program of implementation and operation date vii.! Evidence of financing and land ownership for the project. I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: 1420 Kenya Subsidiary Legislation, 2025 FORM Bx10 8(4)(a)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE AFA/MPICD/ Current Date (Applicant's or Company (address)) Dear Bixa Processor Letter of No Objection (Name of applicant entity) has demonstrated commitment to the implementation of bixa processing project in Kenya. The applicant has further demonstrated commitment to taking advantage of the Kenyan Investment Policies. Their processing facility shall be located on plot number(s) on Ward Sub-county County The applicant shall a)! Carry out an Environmental Impact Assessment, b)! Demonstrate source of raw material equivalent to declared processing capacity c)! Install a processing plant d)! Execute the project within one year from the date of issuance after which this letter of no objection shall be invalid. The Authority may at any time vary the conditions of the letter of no objection and impose further conditions on the applicant as it may deem necessary. Date: Signed: Director General Agriculture and Food Authority (r. Kenya Subsidiary Legislation, 2025 1421 FORM Bxl 1 (r.9(2)) orc...ao.. own, AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Notification for Inspection Date I (Name of applicant entity) has complied with the terms and conditions of the letter of no objection and hereby notify the Authority of readiness for inspection. Attached herein are; (a)! Environmental Impact Assessment approval (b)! Evidence of source of raw material (c)! Evidence of installed processing plant Signature of applicant's authorized officer 1422 Kenya Subsidiary Legislation, 2025 FORM Bx12 (r. 9(5)) Oar Cm& Oar MAW AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Serial No.: AFA/MPICD/ Bixa Processor's Certificate of Compliance This Certificate is issued to of Physical Address: Postal Address Email Telephone: Is hereby authorized to operate a factory for processing bixa at a premises located at County Sub-County Ward L.R. No Beginning on the day of .... 20 .... and ending on the 30th day of June 20 ... (Both days inclusive) This Certificate is issued subject to compliance with these Regulations Date: Signed: Director General Agriculture and Food Authority Conditions: i.! Pay growers for bixa collected as per agreements ii.! File quarterly returns to the Authority Kenya Subsidiary Legislation, 2025 1423 FORM Bx13 (r. 9(7)) owpap, oww..rh AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Serial No.: AFA/MPICD/ Bixa Processing Certificate of Compliance Application for Renewal Form of Ward Sub-County County Postal Address Telephone E-mail LR. No street hereby apply for bixa processor licence. (a)! Source of raw material ... (Nuclear farms) .... (Contracted)...(Bixa agent)..... (b) Processing capacity of the proposed facility (c) Target product(s) (d) Target Market for the product(s) Attachments: i.! A copy of registration certificate/certificate of incorporation ii.! Copies of IDs/Passports of directors iii.! CR12 iv.! Tax Compliance Certificate v.! Copy of feasibility study report for the project vi.! Copy of Title Deed/ Lease agreement for the facility. I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: 1424 Kenya Subsidiary Legislation, 2025 FORM B x14 (r.10(2)) County Government of Bixa Processing Licence Application Form of Ward Sub-County County Postal Address Telephone E-mail LR. No street hereby apply for bixa processor licence. Attachments: i. A copy of registration certificate/certificate of incorporation ii. Copies of IDs/Passports of Directors iii. CR12 iv. Tax Compliance Certificate v. Copy of a valid Certificate of Compliance vi. Copy of Title Deed/ Lease agreement for the facility. Kenya Subsidiary Legislation, 2025 1425 FORM Bx15 (r. 10(2(a)) County Government of Bixa Processor's Licence This Licence is issued to of Physical Address: Postal Address Email Telephone: Is hereby authorized to operate a factory for processing bixa at a premises located at County Sub-County Ward L.R. No beginning on the day of .... 20 .... and ending on the 30th day of June 20 ... (Both days inclusive) This Licence is issued subject to compliance with these Regulations Conditions: i. Pay growers for bixa collected as per agreements ii. File quarterly returns to the Respective County Government ISSUED on this Day of 20 CECM Agriculture: Name Signature.... ............. ... Official Stamp 1426 Kenya Subsidiary Legislation, 2025 FORM Bx16 (r. 11(2)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Export Licence Application Form Serial No: AFA/MPICD/ County Sub- County Ward Postal Address Telephone E-mail LR. No hereby apply for licence as an exporter. Requirements i.! A copy of registration certificate/certificate of incorporation ii.! Copies of IDs/Passports of directors iii.! CR12 iv.! Valid tax Compliance Certificate I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: Kenya Subsidiary Legislation, 2025 1427 FORM Bx17 (r. 11(4)(a)) elsrGapit Ow1Wattiv AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Export Licence Serial No.: AFA/MPICD/ This is to certify that of P.O. Box in County Sub-County Ward is duly licensed as an exporter in the Republic of Kenya. This licence is valid from to Date: Signed: Director General Agriculture and Food Authority 1428 Kenya Subsidiary Legislation, 2025 FORM Bx18 (r.12(2)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Import Licence Application Form Serial No: AFA/MPICD/ County Sub- County Ward Postal Address Telephone E-mail LR. No hereby apply for licence as an importer. Attachments: i.! A copy of registration certificate/certificate of incorporation ii.! Copies of IDs/Passports of directors iii.! CR12 iv.! Tax Compliance Certificate I hereby certify that the above information is true and accurate to the best of my knowledge and belief. Name: Signature Date: Kenya Subsidiary Legislation, 2025 1429 FORM Bx19 (r. 12(4)(a)) Ow, Crops, Ow, *ma. AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Import Licence Serial No.: AFA/MPICD/ This is to certify that of P.O.Box in County Sub-County Ward is duly licensed as an importer in the Republic of Kenya. This licence is valid from to Date: Signed: Director General Agriculture and Food Authority Bixa/bixa product Quantity (Kg) FOB Value (KES) Total Value (KES) 1430 Kenya Subsidiary Legislation, 2025 FORM Bx20 (r. 13(2)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Export Permit Application Form License No.: Applicants Details Name of exporter Address Telephone No Email Address Country of Origin Country of Destination Shipment Date Vessel Consignor Consignee Notify address Consignment Details Attach: i.! Commercial invoice ii.! Import permit iii.! Clearance from Cabinet Secretary (in case of raw bixa) I/ We hereby certify that the information which I/we have given above is true and accurate to the best of my/our/our knowledge and belief. Date Authorized signature Stamp of Exporter Kenya Subsidiary Legislation, 2025 1431 FORM Bx21 (r.13(3)(a)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Export Permit Permit No This Permit is granted to of P.O. Box and authorizes the bearer to export; Consignment Details Bixa/bixa product Quantity (Kg) FOB Value (KES) Total Value (KES) Country of Destination Country of Origin Date of Shipment Vessel Consignee Consigner Notify Address This Permit is valid for 90 days from the date of issuance. Signed Director General Agriculture and Food Authority 1432 Kenya Subsidiary Legislation, 2025 FORM Bx22 (r. 14(2)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Import Permit Application Form License No • Applicant's Details Name of importer Address Telephone No Email Address Destination Country of Origin Shipment Date Vessel Consignor Consignee Product Quantity (Kg) Attach: a)! Certificate of origin; b)! Commercial invoice I hereby certify that the information which I/we have given above is true and accurate to the best of my knowledge and belief. Date Authorized signature Stamp of Importer Bixa/bixa product Quantity (Kg) FOB Value (KES) Total Value (KES) Kenya Subsidiary Legislation, 2025 1433 FORM Bx23 (r. 14(3)(a)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Import Permit Permit No This Permit is granted to of P.O. Box and authorizes the bearer to export— Consignment Details Country of Destination Country of Origin Date of Shipment Vessel Consignee Consigner Notify Address This Permit is valid for 90 days from the date of issuance. Signed Director General — Agriculture and Food Authority 1434 Kenya Subsidiary Legislation, 2025 FORM Bx24 (r. 26( 1)) The County Government of Serial No. County code/Bixa/ Commercial Nursery Annual Returns Name of the Commercial Nursery Postal Address County Sub-County Ward Telephone E-mail Reporting Period No. Variety /Clone Quantity sold Prepared By: Signature: Designation: Date: Official Stamp Quantity (Kg) County of origin S/No. Date Kenya Subsidiary Legislation, 2025 1435 FORM Bx25 (r.26(2)) Bixa Agent Returns Name of agent Licence No. Period (from) to Compiled by: Signature: Date: Official Stamp 1436 Kenya Subsidiary Legislation, 2025 FORM Bx26 (r.26(3)) Ix! R FR AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Bixa Processor's Returns Licence No. Period (from) to Table 1: Bixa collected from growers S/No. Month Producing County Quantity received of bixa (Kg) Table 2: Bixa processed S/No. Month Quantity of bixa (Kg) processed able 3: Bixa products and bi-products S/No. Month Product Type Quantity ompi e y: Signature: Date: Official Stamp Name Kenya Subsidiary Legislation, 2025 1437 FORMB x27 (r26(4)) AGRICULTURE AND FOOD AUTHORITY MIRAA, PYRETHRUM AND OTHER INDUSTRIAL CROPS DIRECTORATE Licence Number Exporter/Importer Quarterly Returns Name of exporter/importer: Postal Address Physical Location. Telephone. E-mail Year Quarter Reporting Date Export returns Quarter Quantity (kg) Value (KES) Destination 1 2 3 4 Total Import returns Quarter Quantity (kg) Value (KES) Origin 1 2 3 4 Total Name: Signature: Date: Official Stamp: 1438 Kenya Subsidiary Legislation, 2025 SECOND SCHEDULE— FEES [7(2), 9(2) 10(2), 11(1), 12(2), 13(2), 14(2)] No. Category New Applications (Kes) Renewal Fees (Kes) Responsibility 1 Commercial Bixa Nursery Operator Licence 5,000 3,000 County Government 2 Bixa Agent Licence 7,000 5,000 County Government 3 Bixa Compliance Certificate 50,000 25,000 Authority 4 Bixa Processing Licence 30,000 20,000 County Government 5 Bixa Export Licence 20,000 10,000 Authority 6 Bixa Import Licence 50,000 30,000 Authority 7 Export Permit 1% FOB Value Authority 8 Import Permit 2% FOB Value Authority THIRD SCHEDULE (r.22(2)) SAMPLE AGREEMENT BETWEEN BIXA GROWER AND DEALERS (To be filled in triplicate: a copy to the Cooperative society/union/Association/Farmer Group, County government and the Authority) AGREEMENT made this Day of Two Thousand and BETWEEN: of a registered DEALER OR PROCESSOR (Registration No. hereinafter called "dealer" which expression shall where the context so admits include its successors and assignees of the First part: AND of a GROWER entity of Bixa crops produce (Registration No. ) hereinafter called the "grower" which expression shall where the context so admits include its successors and assignees) of the second part NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Services Parties to ensure that the following elements among others are captured in this section as per the nature of the service(s) to be provided: (a) Quantity and quality of produce to be supplied Kenya Subsidiary Legislation, 2025 1439 (b) Agreed price (checklist must be annexed) (c) Collection points and timelines for Bixa (d) General accepted production practices; (e) Exit clause/termination of contract (f) Timelines for review of the terms and conditions of the contract; (g) Record keeping required by either parties; (h) Field support and training; ii (i) Harvesting, post-harvest practices and storage; ii (j) Inspection and grading; ii (k) Packaging supply and procedures ii (1) Conditions of collection or delivery; 2. Term This section shall state the duration (start date 20 and end date 20 ) of the agreement and the option of renewal. 3. Payments This section shall state: (a) the cost of the service(s) (b) price of the produce (kg) (Annex price list) (c) mode of payment (cash on delivery) Yes/No (tick) other (specify) (d) schedule of collection of produce 4. Force majeure For purposes of this agreement, force majeure means an event which is beyond the reasonable control of either party and makes a party's performance of its obligations impossible. Parties to state specific calamities that would be considered as force majeure. 5. Termination This section shall state the conditions for termination of agreement by either party including notifications. 1440 Kenya Subsidiary Legislation, 2025 6. Breach of agreement and penalties (a) Parties to define what constitutes a breach in the agreement and what remedies are acceptable to the parties (b) Penalties for breach to be defined. 7. Dispute resolution Any dispute arising between parties to this agreement shall be referred to the respective County Executive Member responsible for matters relating to Agriculture or the Director General Agriculture and Food Authority for resolution. 8. Law governing the Agreement This agreement shall be governed by the Laws of the Republic of Kenya. 9. Annexures This Clause shall contain documents that form part of this agreement e.g. copies of registration certificates, licenses, quality certificates etc. IN WITNESS WHEREOF the parties have hereunto executed this Agreement on the day and date herein before mentioned. SIGNED for and on behalf of the Dealer/processor Grower Name: Name: Date: Date: Witness: Witness: Made on the 11th August, 2025. MUTAHI KAGWE, Cabinet Secretary for Agriculture and Livestock Development. 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